II 

118TH CONGRESS 

2D SESSION S. 5131 

To advance a competitive strategy against the People’s Republic of China, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 19, 2024 

Mr. RISCH (for himself, Mr. RICKETTS, Mr. YOUNG, Mr. BARRASSO, Mr. 

CRAPO, Mr. CASSIDY, Mr. SULLIVAN, Mr. ROMNEY, Mr. CORNYN, Mr. 

GRASSLEY, and Mrs. CAPITO) introduced the following bill; which was 

read twice and referred to the Committee on Foreign Relations 

A BILL 

To advance a competitive strategy against the People’s 

Republic of China, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘STRATEGIC Act of 2024’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—COUNTERING CHINESE COMMUNIST PARTY MALIGN 

INFLUENCE 


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Subtitle A—Amendments to the Foreign Agents Registration Act of 1938 

Sec. 101. Definitions. 

Sec. 102. Treatment of certain exemptions under the Foreign Agents Registration Act of 1938. 

Sec. 103. Foreign agents registration criminal enforcement. 

Sec. 104. Foreign agents registration civil enforcement. 

Sec. 105. Authorizing the Attorney General to issue civil investigative demands 

to promote enforcement of disclosure requirements for agents 

of foreign principals. 

Sec. 106. Effective date. 

Subtitle B—Other Actions To Counter CCP Malign Influence 

Sec. 111. Prohibition on certain gifts and contracts from the PRC to certain 

United States institutions. 

Sec. 112. Requirement for think tanks to disclose foreign funding. 

Sec. 113. Amendment to the Mutual Education and Cultural Exchange Act of 

1961. 

Sec. 114. Establishment of Countering the People’s Republic of China Influence 

Fund. 

Sec. 115. Notification requirement for participation of Department of State and 

USAID officials in private events that include the participation 

of specially designated and blocked persons. 

Sec. 116. Determination with respect to imposition of sanctions with respect to 

United Front Work Department of Chinese Communist Party. 

Sec. 117. Department of State list of foreign talent recruitment programs of 

the PRC. 

Sec. 118. Oversight on climate cooperation with the PRC. 

Sec. 119. Restriction on issuance of visas. 

Sec. 120. Modifying information about countries exporting methamphetamine 

included in the annual international narcotics control strategy 

report. 

Sec. 121. Report on violations of American Diplomatic Corps privileges and immunities. 

Sec. 122. Annual report on the PRC’s diplomatic mission engagements. 

Sec. 123. Restrictions on foreign missions of the PRC in elementary and secondary schools in the United States. 

Sec. 124. Office of the Special Envoy for Critical and Emerging Technology. 

Sec. 125. Enhanced congressional notification regarding science and technology 

agreements with the PRC. 

TITLE II—ADVANCING UNITED STATES AND PARTNER ECONOMIC 

PROSPERITY 

Sec. 201. Defined term. 

Sec. 202. Authorization of partnership for global infrastructure and investment. 

Sec. 203. Global Strategic Infrastructure Investment Fund. 

Sec. 204. Infrastructure transaction and assistance network. 

Sec. 205. Regulatory exchanges with allies and partners. 

Sec. 206. Authorization to assist United States companies with global supply 

chain diversification and management. 

Sec. 207. Investing in talent in Southeast Asia, the Pacific Islands, Sub-saharan Africa, and Latin America. 

Sec. 208. Pilot program to audit barriers to commerce in developing partner 

countries. 


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Sec. 209. Promoting adoption of United Nations convention on the assignment 

of receivables in international trade. 

Sec. 210. Opposing the provision of assistance to the People’s Republic of 

China by the multilateral development banks. 

Sec. 211. Prohibiting funding for the Montreal Protocol on substances that deplete the ozone layer and the United Nations framework convention on climate change until China is no longer defined as 

a developing country. 

TITLE III—COUNTERING CHINA’S PREDATORY ECONOMIC 

PRACTICES 

Subtitle A—Countering Economic Coercion 

Sec. 301. Short title. 

Sec. 302. Sense of Congress. 

Sec. 303. Definitions. 

Sec. 304. Determination of economic coercion. 

Sec. 305. Authorities to respond to economic coercion. 

Sec. 306. Coordination with allies and partners. 

Sec. 307. Expedited consideration of economic coercion response package. 

Sec. 308. Process for joint resolutions of disapproval. 

Subtitle B—Other Matters To Counter Predatory Economic Practices by the 

People’s Republic of China 

Sec. 311. Predatory pricing by entities owned, controlled, or directed by a foreign state. 

Sec. 312. Expansion of offense of theft of trade secrets to include unauthorized 

development of products and digital articles. 

Sec. 313. Review of petitions related to intellectual property theft and forced 

technology transfer. 

Sec. 314. Fostering energy development aligned with partner country needs. 

Sec. 315. Opposition of United States to an increase in weight of Chinese 

renminbi in Special Drawing Rights basket of International 

Monetary Fund. 

Sec. 316. Strengthening congressional oversight of Special Drawing Rights at 

International Monetary Fund. 

Sec. 317. Security and oversight for international landholdings. 

Sec. 318. Intellectual property violators list. 

Sec. 319. Annual review of the presence of Chinese companies in United States 

capital markets. 

Sec. 320. Prohibition on availability of funds for procurement of certain batteries. 

Sec. 321. Ending support for PRC contracts at the World Bank. 

Sec. 322. Report on United States development efforts to counter the PRC’s 

Belt and Road Initiative. 

TITLE IV—STRENGTHENING SECURITY ALLIANCES AND 

PARTNERSHIPS 

Subtitle A—International Security Partners 

Sec. 401. Defined term. 

Sec. 402. Restriction on Track 1.5 dialogues with the People’s Republic of 

China. 

Sec. 403. Refocusing international security efforts for strategic competition. 


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Sec. 404. Report on diplomatic outreach with respect to PRC military installations overseas. 

Sec. 405. Limitation on assistance to countries hosting PRC military installations. 

Sec. 406. Amendment to the Stop Harboring Iranian Petroleum Act. 

Sec. 407. Missile Technology Control Regime provisions. 

Sec. 408. Strengthening extended nuclear deterrence in the Korean theater of 

operations. 

Subtitle B—Indo-Pacific Allies and Partners 

PART I—TAIWAN

Sec. 411. Development of economic tools to deter aggression by People’s Republic of China against Taiwan. 

Sec. 412. Treatment of the Government of Taiwan. 

Sec. 413. War reserve stock program for Taiwan. 

Sec. 414. Proper treatment of Taiwan government representatives. 

Sec. 415. American Institute in Taiwan. 

PART II—SOUTH CHINA AND EAST CHINA SEA SANCTIONS

Sec. 421. Short title. 

Sec. 422. Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea. 

Sec. 423. Sense of Congress regarding portrayals of the South China Sea or 

the East China Sea as part of China. 

Sec. 424. Sense of Congress on 2016 Permanent Court of Arbitration’s tribunal 

ruling on arbitration case between the Philippines and the People’s Republic of China. 

Sec. 425. Report on countries that recognize Chinese sovereignty over the 

South China Sea or the East China Sea. 

PART III—PACIFIC ISLANDS

Sec. 431. Establishing a senior official for the compacts of free association at 

the Department of State. 

Sec. 432. Enhancement of diplomatic support and economic engagement with 

Pacific island countries. 

PART IV—INDIAN OCEAN REGION STRATEGIC REVIEW

Sec. 441. Short title. 

Sec. 442. Findings. 

Sec. 443. Statement of policy. 

Sec. 444. Definitions. 

Sec. 445. Strategy and implementation plan relating to the Indian Ocean region. 

Sec. 446. Modification to United States-China Economic and Security Review 

Commission. 

Subtitle C—Countering Espionage and Surveillance Entities in Cuba 

Sec. 451. Short titles. 

Sec. 452. Imposition of sanctions with respect to military and intelligence facilities of the People’s Republic of China in Cuba. 

Sec. 453. Codification of Cuba restricted list. 


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Subtitle D—Countering China Globally 

Sec. 461. Sense of Congress regarding China’s support for Russia in Ukraine. 

Sec. 462. Enhancing United States-Africa trade and investment for prosperity. 

Sec. 463. Report on Horn of Africa. 

Sec. 464. Amendment to Jackson-Vanik amendment. 

Subtitle E—United States Interests in International Organizations 

Sec. 471. Global peace operations initiative. 

Sec. 472. Office on Multilateral Strategy and Personnel. 

Sec. 473. Authorization of appropriations for Junior Professional Officer positions and United States candidates for leadership positions in 

multilateral institutions. 

Sec. 474. Safeguarding the integrity of the United Nations system. 

Sec. 475. Department of State report on the People’s Republic of China’s 

United Nations peacekeeping efforts. 

TITLE V—INVESTING IN OUR VALUES THROUGH SANCTIONS AND 

UNITED NATIONS REFORMS 

Sec. 501. Imposition of sanctions with respects to systematic rape, coercive 

abortion, forced sterilization, or involuntary contraceptive implantation in the Xinjiang Uyghur Autonomous Region. 

Sec. 502. Removal of members of the United Nations Human Rights Council 

that commit human rights abuses. 

Sec. 503. United Nations policy and international engagement on the reincarnation of the Dalai Lama and religious freedom of Tibetan 

Buddhists. 

TITLE VI—ADVANCING OVERSIGHT OF INTERNATIONAL LIFE 

SCIENCES RESEARCH 

Sec. 601. Short title. 

Sec. 602. Definitions. 

Sec. 603. Statement of policy. 

Sec. 604. Amendments to the Secretary of State’s authority under the Arms 

Control and Disarmament Act. 

Sec. 605. Report on threats related to specific dual use research of concern and 

other international life sciences research of concern. 

Sec. 606. Report on United States funding research with the PRC. 

Sec. 607. Biological and toxin weapons review conference. 

Sec. 608. Annual report by the United States Agency for International Development. 

Sec. 609. United Nations agencies, programs, and funds. 

Sec. 610. Rule of construction. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—Except as provided in sections 125(b), 210, 

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1 title B of title IV, and title VI, the term ‘‘appro2 priate congressional committees’’ means— 

3 (A) the Committee on Foreign Relations of 

4 the Senate; and 

5 (B) the Committee on Foreign Affairs of 

6 the House of Representatives. 

7 (2) PRC.—The term ‘‘PRC’’ means the Peo8 ple’s Republic of China. 

9 (3) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of State. 

11 TITLE I—COUNTERING CHINESE 

12 COMMUNIST PARTY MALIGN 

13 INFLUENCE 

14 Subtitle A—Amendments to the 

15 Foreign Agents Registration Act 

16 of 1938 

17 SEC. 101. DEFINITIONS. 

18 Section 1 of the Foreign Agents Registration Act of 

19 1938, as amended (22 U.S.C. 611) is amended— 

20 (1) by striking the matter preceding subsection 

21 (a) and inserting the following: ‘‘In this Act:’’; 

22 (2) in each of subsections (a), (e), (f), (g), (h), 

23 (i), (k), (l), (m), (n), and (o), by striking the semi24 colon at the end and inserting a period; 


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1 (3) in subsection (b), by redesignating para2 graphs (1), (2), and (3) as subparagraphs (A), (B), 

3 and (C); 

4 (4) by striking subsections (c) and (d); 

5 (5) by redesignating subsections (a), (b), (e), 

6 (f), (g), (h), (i), (k), (l), (m), (n), (o), and (p) as 

7 paragraphs (11), (6), (7), (5), (16), (15), (8), (17), 

8 (2), (18), (14), (12), and (13), respectively, arrang9 ing such paragraphs in numerical order, and moving 

10 each such paragraph 2 ems to the right; 

11 (6) by inserting before paragraph (2), as redes12 ignated, the following: 

13 ‘‘(1) The term ‘agent of a foreign principal’— 

14 ‘‘(A) means any person who— 

15 ‘‘(i)(I) acts as an agent, representa16 tive, employee, servant, or in any other ca17 pacity at the order, request, or under the 

18 direction or control, of— 

19 ‘‘(aa) a foreign principal; or 

20 ‘‘(bb) a person any of whose ac21 tivities are directly or indirectly super22 vised, directed, controlled, financed, or 

23 subsidized in whole or in major part 

24 by a foreign principal; and 


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1 ‘‘(II) directly or through any other 

2 person— 

3 ‘‘(aa) engages within the United 

4 States in political activities for or in 

5 the interests of such foreign principal; 

6 ‘‘(bb) acts within the United 

7 States as a public relations counsel, 

8 publicity agent, information-service 

9 employee, or political consultant for or 

10 in the interests of such foreign prin11 cipal; 

12 ‘‘(cc) within the United States, 

13 solicits, collects, disburses, or dis14 penses contributions, loans, money, or 

15 other things of value for or in the in16 terest of such foreign principal; or 

17 ‘‘(dd) within the United States 

18 represents the interests of such for19 eign principal before any agency or of20 ficial of the Government of the United 

21 States; or 

22 ‘‘(ii) agrees, consents, assumes or pur23 ports to act as, or who is or holds himself 

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1 ant to contractual relationship, a person 

2 described in clause (i); and 

3 ‘‘(B) does not include— 

4 ‘‘(i) any news or press service or asso5 ciation organized under the laws of the 

6 United States or of any State or other 

7 place subject to the jurisdiction of the 

8 United States if such entity— 

9 ‘‘(I) is at least 80 percent bene10 ficially owned by, and its officers and 

11 directors, if any, are, citizens of the 

12 United States; and 

13 ‘‘(II) is not owned, directed, su14 pervised, controlled, subsidized, or fi15 nanced, and none of its policies are 

16 determined, by any foreign principal 

17 or by any agent of a foreign principal 

18 required to register under this Act; or 

19 ‘‘(ii) any newspaper, magazine, peri20 odical, or other publication for which there 

21 is on file with the United States Postal 

22 Service information in compliance with sec23 tion 3685 of title 39, United States Code, 

24 published in the United States, solely by 

25 virtue of any bona fide news or journalistic 


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1 activities, including the solicitation or ac2 ceptance of advertisements, subscriptions, 

3 or other compensation if it meets the con4 ditions set forth in subclause (I) and (II) 

5 of clause (i).’’; 

6 (7) by inserting after paragraph (2), as redesig7 nated, the following: 

8 ‘‘(3) The term ‘appropriate committees of Con9 gress’ means— 

10 ‘‘(A) the Committee on the Judiciary of 

11 the Senate; 

12 ‘‘(B) the Committee on Foreign Relations 

13 of the Senate; 

14 ‘‘(C) the Committee on the Judiciary of 

15 the House of Representatives; and 

16 ‘‘(D) the Committee on Foreign Affairs of 

17 the House of Representatives. 

18 ‘‘(4) The term ‘documentary material’ includes 

19 the original or any copy of any book, record, report, 

20 memorandum, paper, communication, tabulation, 

21 chart, or other document, or data compilations 

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1 terpret such data compilations, and any product of 

2 discovery.’’; 

3 (8) by inserting after paragraph (8), as redesig4 nated, the following: 

5 ‘‘(9) The term ‘investigation’ means any inquiry 

6 conducted for the purpose of ascertaining whether 

7 any person is or has been engaged in any violation 

8 of this Act. 

9 ‘‘(10) The term ‘Lobbying Disclosure Act ex10 emption’ means the exemption set forth in section 

11 3(h).’’. 

12 SEC. 102. TREATMENT OF CERTAIN EXEMPTIONS UNDER 

13 THE FOREIGN AGENTS REGISTRATION ACT 

14 OF 1938. 

15 (a) IN GENERAL.—Section 3 of the Foreign Agents 

16 Registration Act of 1938, as amended (22 U.S.C. 613) 

17 is amended— 

18 (1) in the matter preceding subsection (a), by 

19 inserting ‘‘, except as provided in subsection (i)’’ 

20 after ‘‘principals’’-; and 

21 (2) by adding at the end the following: 

22 ‘‘(i) LIMITATIONS.— 

23 ‘‘(1) IN GENERAL.—The exemptions under sub24 sections (d)(1), (d)(2), and (h) shall not apply to 

25 any agent of a foreign principal that is organized 


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1 under the law of or has its principal place of busi2 ness or residence in 1 of the identified countries list3 ed in paragraph (2). 

4 ‘‘(2) IDENTIFIED COUNTRIES.—The countries 

5 described in this paragraph are: 

6 ‘‘(A) the People’s Republic of China. 

7 ‘‘(B) the Russian Federation. 

8 ‘‘(C) the Islamic Republic of Iran.’’. 

9 (b) MODIFICATION TO COUNTRIES.— 

10 (1) IN GENERAL.—The Secretary, in consulta11 tion with the Attorney General of the United States, 

12 may propose the addition or deletion of countries 

13 listed in section 3(i)(2) of the Foreign Agents Reg14 istration Act of 1938, as amended, as added by sub15 section (a). 

16 (2) SUBMISSION.—Any proposal described in 

17 paragraph (1)— 

18 (A) shall be submitted to the Chairman 

19 and Ranking Member of the Committee on For20 eign Relations of the Senate and the Chairman 

21 and Ranking Member of the Committee on the 

22 Judiciary of the House of Representatives; and 

23 (B) shall become effective upon enactment 

24 of a joint resolution of approval as described in 

25 subsection (c). 


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1 (c) JOINT RESOLUTION OF APPROVAL.— 

2 (1) IN GENERAL.—For purposes of subsection 

3 (b), the term ‘‘joint resolution of approval’’ only 

4 means a joint resolution— 

5 (A) that does not have a preamble; 

6 (B) that includes in the matter after the 

7 resolving clause the following: ‘‘That Congress 

8 approves the modification of countries relating 

9 to the treatment of certain exemptions under 

10 the Foreign Agents Registration Act of 1938, 

11 as amended, as submitted by the Secretary on 

12 llll; and section 3(i) of the Foreign 

13 Agents Registration Act of 1938, as amended 

14 (22 U.S.C. 613) is amended by 

15 llllll.’’, the blank spaces being appro16 priately filled in with the appropriate date and 

17 the amendatory language required to add or de18 lete 1 or more countries from the list of coun19 tries described in section 3(i) of the Foreign 

20 Agents Registration Act of 1938, as amended, 

21 as added by subsection (a)(2), respectively; and 

22 (C) the title of which is as follows: ‘‘Joint 

23 resolution approving modifications to countries 

24 relating to the treatment of certain exemptions 


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1 under the Foreign Agents Registration Act of 

2 1938, as amended.’’. 

3 (2) REFERRAL.— 

4 (A) SENATE.—A resolution described in 

5 paragraph (1) that is introduced in the Senate 

6 shall be referred to the Committee on Foreign 

7 Relations of the Senate. 

8 (B) HOUSE OF REPRESENTATIVES.—A 

9 resolution described in paragraph (1) that is in10 troduced in the House of Representatives shall 

11 be referred to the Committee on the Judiciary 

12 of the House of Representatives. 

13 (d) SUNSET.—This section and the amendments 

14 made by this section shall terminate on October 1, 2028. 

15 SEC. 103. FOREIGN AGENTS REGISTRATION CRIMINAL EN16 FORCEMENT. 

17 (a) INCREASED CRIMINAL PENALTIES.—Section 8 of 

18 the Foreign Agents Registration Act of 1938, as amended 

19 (22 U.S.C. 618) is amended— 

20 (1) in subsection (a)(2), by striking ‘‘$10,000 

21 or by imprisonment for not more than five years, or 

22 both, except that in the case of a violation of sub23 section (b), (e), or (f) of section 4 or of subsection 

24 (g) or (h) of this section the punishment shall be a 

25 fine of not more than $5,000 or imprisonment for 


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1 not more than six months’’ and inserting ‘‘$200,000 

2 or by imprisonment for not more than 5 years, or 

3 both, except that in the case of a violation of sub4 section (b), (e), or (f) of section 4 or of subsection 

5 (g), (h), or (i) of this section the punishment shall 

6 be a fine of not more than $15,000 or imprisonment 

7 for not more than 6 months’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(i) CONGRESSIONAL NOTIFICATION.—It shall be un10 lawful for any agent of a foreign principal registered under 

11 this Act to willfully fail to disclose before or during any 

12 meeting with a Member of Congress (as defined in section 

13 3 of the Lobbying and Disclosure Act of 1995 (2 U.S.C. 

14 1602) or a member of the staff of a Member or committee 

15 of Congress that such agent is registered under this Act.’’. 

16 SEC. 104. FOREIGN AGENTS REGISTRATION CIVIL EN17 FORCEMENT. 

18 Section 8 of the Foreign Agents Registration Act of 

19 1938, as amended (22 U.S.C. 618), as amended by section 

20 103, is further amended by adding at the end the fol21 lowing: 

22 ‘‘(j) CIVIL ENFORCEMENT.— 

23 ‘‘(1) CIVIL PENALTIES.— 

24 ‘‘(A) REGISTRATION STATEMENTS.— 


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1 ‘‘(i) IN GENERAL.—Any person who is 

2 required to register under this Act and 

3 fails to file a timely or complete registra4 tion statement in accordance with section 

5 2(a) shall be subject to a civil fine of not 

6 more than $10,000 for each such violation, 

7 without regard to the state of mind of such 

8 person. 

9 ‘‘(ii) NO FINES PAID BY FOREIGN

10 PRINCIPALS.—If a person is subject to a 

11 civil fine under clause (i), the civil fine 

12 may not be paid, directly or indirectly, by 

13 a foreign principal. 

14 ‘‘(B) SUPPLEMENTS.—Any person who is 

15 required to file a supplement to a registration 

16 statement under section 2(b) and fails to file a 

17 timely or complete supplement in accordance 

18 with such section shall be subject to a civil fine 

19 of not more than $1,000 for each such viola20 tion, without regard to the state of mind of 

21 such person. 

22 ‘‘(C) FAILURE TO REMEDY DEFICIENT FIL23 INGS.—Any person who is required to file a reg24 istration statement under this Act, receives no25 tice pursuant to subsection (g) that the regVerDate Sep 11 2014 18:55 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S5131.IS S5131

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1 istration statement filed by the person is defi2 cient, and knowingly fails to remedy the defi3 ciency within 60 days after receiving such no4 tice shall, upon proof by a preponderance of the 

5 evidence of such knowing failure to remedy the 

6 deficiency, be subject to a civil fine of not more 

7 than $200,000, depending on the extent and 

8 gravity of the violation. 

9 ‘‘(D) OTHER VIOLATIONS.—Any person 

10 who knowingly fails to comply with any other 

11 provision of this Act shall, upon proof by a pre12 ponderance of the evidence of such knowing 

13 failure to comply, be subject to a civil fine of 

14 not more than $200,000, depending on the ex15 tent and gravity of the violation. 

16 ‘‘(2) USE OF FINES.—All fines collected under 

17 this subsection shall be used to defray the cost of 

18 enforcing this Act.’’. 

19 SEC. 105. AUTHORIZING THE ATTORNEY GENERAL TO 

20 ISSUE CIVIL INVESTIGATIVE DEMANDS TO 

21 PROMOTE ENFORCEMENT OF DISCLOSURE 

22 REQUIREMENTS FOR AGENTS OF FOREIGN 

23 PRINCIPALS. 

24 The Foreign Agents Registration Act of 1938, as 

25 amended (22 U.S.C. 611 et seq.) is amended— 


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1 (1) by redesignating sections 9 through 14 (22 

2 U.S.C. 619 through ), as sections 10 through 15, re3 spectively; and 

4 (2) by inserting after section 8, as amended by 

5 sections 103 and 104, the following: 

6 ‘‘SEC. 9. CIVIL INVESTIGATIVE DEMANDS CONCERNING 

7 REGISTRATION OF AGENTS OF FOREIGN 

8 PRINCIPALS. 

9 ‘‘(a) AUTHORITY OF THE ATTORNEY GENERAL.— 

10 ‘‘(1) AUTHORITY DESCRIBED.—Whenever the 

11 Attorney General or the Attorney General’s designee 

12 has reason to believe that any person may be in pos13 session, custody, or control of any documentary ma14 terial, or may have any information, relevant to an 

15 investigation under this Act, the Attorney General or 

16 such designee may, before instituting a civil or 

17 criminal proceeding on behalf of the United States 

18 with respect to such person, issue in writing, and 

19 cause to be served upon such person, a civil inves20 tigative demand requiring such person— 

21 ‘‘(A) to produce such documentary mate22 rial for inspection and copying or reproduction; 

23 ‘‘(B) to provide written answers to written 

24 interrogatories with respect to such documen25 tary material or information; 


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1 ‘‘(C) to give oral testimony concerning 

2 such documentary material or information; or 

3 ‘‘(D) to furnish any combination of such 

4 material, answers, or testimony. 

5 ‘‘(2) EXPRESS DEMANDS.—Whenever a civil in6 vestigative demand is an express demand for any 

7 product of discovery, the Attorney General or the 

8 Attorney General’s designee shall— 

9 ‘‘(A) cause to be served, in any manner au10 thorized under this section, a copy of such de11 mand upon the person from whom the discovery 

12 was obtained; and 

13 ‘‘(B) notify the person to whom such de14 mand is issued of the date on which such copy 

15 was served. 

16 ‘‘(3) LIMITING INDIVIDUALS WHO MAY SERVE

17 AS DESIGNEES.—The Attorney General may not des18 ignate any individual other than the Assistant Attor19 ney General for National Security or a Deputy At20 torney General to carry out the authority provided 

21 under this subsection. 

22 ‘‘(b) CONTENTS AND DEADLINES.— 

23 ‘‘(1) IN GENERAL.—Each demand issued pursu24 ant to subsection (a) shall— 


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1 ‘‘(A) state the nature of the conduct con2 stituting the alleged violation of this Act that is 

3 under investigation and the provision of this 

4 Act alleged to have been violated; 

5 ‘‘(B) if such demand is for the production 

6 of documentary material— 

7 ‘‘(i) describe each class of documen8 tary material to be produced with such 

9 definiteness and certainty as to permit 

10 such material to be fairly identified; 

11 ‘‘(ii) prescribe a return date for each 

12 such class which will provide a reasonable 

13 period of time within which the material so 

14 demanded may be assembled and made 

15 available for inspection and copying or re16 production; and 

17 ‘‘(iii) identify the custodian to whom 

18 such material shall be made available; 

19 ‘‘(C) if such demand is for answers to writ20 ten interrogatories— 

21 ‘‘(i) set forth with specificity the writ22 ten interrogatories to be answered; 

23 ‘‘(ii) prescribe dates by when answers 

24 to written interrogatories shall be sub25 mitted; and 


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1 ‘‘(iii) identify the custodian to whom 

2 such answers shall be submitted; and 

3 ‘‘(D) if such demand is for the giving of 

4 oral testimony— 

5 ‘‘(i) prescribe a date, time, and place 

6 at which oral testimony shall be com7 menced; 

8 ‘‘(ii) identify an investigator who shall 

9 conduct the examination and the custodian 

10 to whom the transcript of such examina11 tion shall be submitted; 

12 ‘‘(iii) specify that such attendance and 

13 testimony are necessary to the conduct of 

14 the investigation; 

15 ‘‘(iv) notify the person receiving the 

16 demand of the right to be accompanied by 

17 an attorney and any other representative; 

18 and 

19 ‘‘(v) describe the general purpose for 

20 which the demand is being issued and the 

21 general nature of the testimony, including 

22 the primary areas of inquiry, which will be 

23 taken pursuant to the demand. 

24 ‘‘(2) PRODUCT OF DISCOVERY.—Any civil inves25 tigative demand issued pursuant to this section that 


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1 is an express demand for any product of discovery 

2 may not be returned or returnable until 20 days 

3 after a copy of such demand has been served upon 

4 the person from whom the discovery was obtained. 

5 ‘‘(3) DATE.—The date prescribed for the com6 mencement of oral testimony pursuant to a civil in7 vestigative demand issued under subsection (a) shall 

8 be a date that is not earlier than 7 days after the 

9 date on which demand is received, unless the Attor10 ney General or the Attorney General’s designee de11 termines that exceptional circumstances warrant 

12 that such testimony commence sooner. 

13 ‘‘(4) NOTIFICATION.—The Attorney General 

14 may not authorize the issuance of more than 1 civil 

15 investigative demand under this section for oral tes16 timony by the same person unless— 

17 ‘‘(A) such person requests otherwise; or 

18 ‘‘(B) the Attorney General, after investiga19 tion, notifies such person in writing that an ad20 ditional demand for oral testimony is necessary. 

21 ‘‘(c) PROTECTED MATERIAL OR INFORMATION.— 

22 ‘‘(1) IN GENERAL.—A civil investigative de23 mand issued pursuant to subsection (a) may not re24 quire the production of any documentary material, 

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1 atories, or the giving of any oral testimony if such 

2 material, answers, or testimony would be protected 

3 from disclosure under— 

4 ‘‘(A) the standards applicable to subpoenas 

5 or subpoenas duces tecum issued by a court of 

6 the United States in aid of a grand jury inves7 tigation; or 

8 ‘‘(B) the standards applicable to discovery 

9 requests under the Federal Rules of Civil Pro10 cedure, to the extent that the application of 

11 such standards to any such demand is appro12 priate and consistent with the provisions and 

13 purposes of this Act. 

14 ‘‘(2) EFFECT ON OTHER ORDERS, RULES, AND

15 LAWS.—Any such demand that is an express de16 mand for any product of discovery supersedes any 

17 inconsistent order, rule, or provision of law (other 

18 than this Act) preventing or restraining disclosure of 

19 such product of discovery to any person. Disclosure 

20 of any product of discovery pursuant to any such ex21 press demand does not constitute a waiver of any 

22 right or privilege, including without limitation any 

23 right or privilege which may be invoked to resist dis24 covery of trial preparation materials, to which the 

25 person making such disclosure may be entitled. 


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1 ‘‘(d) SERVICE; JURISDICTION.— 

2 ‘‘(1) BY WHOM SERVED.—Any civil investiga3 tive demand issued pursuant to subsection (a) may 

4 be served by an appropriate investigator, or by a 

5 United States marshal or deputy marshal, at any 

6 place within the territorial jurisdiction of any court 

7 of the United States. 

8 ‘‘(2) SERVICE IN FOREIGN NATIONS.—Any such 

9 demand or petition filed pursuant to subsection (k) 

10 may be served upon any person who is not to be 

11 found within the territorial jurisdiction of any court 

12 of the United States, in such manner as the Federal 

13 Rules of Civil Procedure prescribe for service in a 

14 foreign country. To the extent that the courts of the 

15 United States can assert jurisdiction over any such 

16 person consistent with due process, the United 

17 States District Court for the District of Columbia 

18 shall have the same jurisdiction to take any action 

19 respecting compliance with this Act by any such per20 son that such court would have if such person were 

21 personally within the jurisdiction of such court. 

22 ‘‘(e) SERVICE UPON LEGAL ENTITIES AND NATURAL

23 PERSONS.— 

24 ‘‘(1) LEGAL ENTITIES.—Service of any civil in25 vestigative demand issued pursuant to subsection (a) 


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•S 5131 IS

1 or of any petition filed pursuant to subsection (k) 

2 may be made upon a partnership, corporation, asso3 ciation, or other legal entity by— 

4 ‘‘(A) delivering a duly executed copy of 

5 such demand or petition to any partner, execu6 tive officer, managing agent, or general agent 

7 of the partnership, corporation, association, or 

8 entity, or to any agent thereof authorized by 

9 appointment or by law to receive service of 

10 process on behalf of such partnership, corpora11 tion, association, or entity; 

12 ‘‘(B) delivering a duly executed copy of 

13 such demand or petition to the principal office 

14 or place of business of the partnership, corpora15 tion, association, or entity to be served; or 

16 ‘‘(C) depositing an executed copy of such 

17 demand or petition in the United States mails 

18 by registered or certified mail, with a return re19 ceipt requested, duly addressed to such partner20 ship, corporation, association, or entity at its 

21 principal office or place of business. 

22 ‘‘(2) NATURAL PERSONS.—Service of any such 

23 demand or petition may be made upon any natural 

24 person by— 


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1 ‘‘(A) delivering a duly executed copy of 

2 such demand or petition to the person to be 

3 served; or 

4 ‘‘(B) depositing an executed copy of such 

5 demand or petition in the United States mails 

6 by registered or certified mail, with a return re7 ceipt requested, duly addressed to such person 

8 at the person’s residence or principal office or 

9 place of business. 

10 ‘‘(f) PROOF OF SERVICE.—A verified return by the 

11 individual serving any civil investigative demand pursuant 

12 to subsection (a) or any petition filed pursuant to sub13 section (k) setting forth the manner of such service shall 

14 be proof of such service. In the case of service by reg15 istered or certified mail, such return shall be accompanied 

16 by the return post office receipt of delivery of such de17 mand. 

18 ‘‘(g) DOCUMENTARY MATERIAL.— 

19 ‘‘(1) SWORN CERTIFICATES.—The production of 

20 documentary material in response to a civil inves21 tigative demand served pursuant to this section shall 

22 be made under a sworn certificate, in such form as 

23 the demand designates, by— 

24 ‘‘(A) in the case of a natural person, the 

25 person to whom the demand is directed; or 


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1 ‘‘(B) in the case of a person other than a 

2 natural person, a person having knowledge of 

3 the facts and circumstances relating to such 

4 production and authorized to act on behalf of 

5 such person, 

6 to the effect that all of the documentary material re7 quired by the demand and in the possession, cus8 tody, or control of the person to whom the demand 

9 is directed has been produced and made available to 

10 the custodian. 

11 ‘‘(2) PRODUCTION OF MATERIALS.—Any person 

12 upon whom any civil investigative demand for the 

13 production of documentary material has been served 

14 pursuant to this section shall make such material 

15 available for inspection and copying to the investi16 gator identified in such demand at the principal 

17 place of business of such person, or at such other 

18 place as the investigator and the person thereafter 

19 may agree and prescribe in writing, or as the court 

20 may direct pursuant to subsection (k)(1). Such ma21 terial shall be made so available on the return date 

22 specified in such demand, or on such later date as 

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1 son and the investigator, substitute copies for origi2 nals of all or any part of such material. 

3 ‘‘(h) INTERROGATORIES.— 

4 ‘‘(1) ANSWERS.—Each interrogatory in a civil 

5 investigative demand served pursuant to this section 

6 shall be— 

7 ‘‘(A) answered separately and fully in writ8 ing under oath; and 

9 ‘‘(B) submitted under a sworn certificate, 

10 in such form as the demand designates, by— 

11 ‘‘(i) in the case of a natural person, 

12 the person to whom the demand is di13 rected; or 

14 ‘‘(ii) in the case of a person other 

15 than a natural person, the person or per16 sons responsible for answering each inter17 rogatory. 

18 ‘‘(2) CONTENTS OF CERTIFICATES.—Each cer19 tificate submitted pursuant to paragraph (1)(B) 

20 shall state that all information required by the de21 mand and in the possession, custody, control, or 

22 knowledge of the person to whom the demand is di23 rected has been submitted. To the extent that any 

24 information is not furnished, the information shall 

25 be identified and reasons set forth with particularity 


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1 regarding the reasons why the information was not 

2 furnished. 

3 ‘‘(3) OBJECTIONS.—If any interrogatory is ob4 jected to, the reasons for the objection shall be stat5 ed in the certificate instead of an answer. 

6 ‘‘(i) ORAL EXAMINATIONS.— 

7 ‘‘(1) PROCEDURES.—The examination of any 

8 person pursuant to a civil investigative demand for 

9 oral testimony served pursuant to this section shall 

10 be taken before an officer authorized to administer 

11 oaths and affirmations by the laws of the United 

12 States or of the place where the examination is held. 

13 The officer before whom the testimony is to be taken 

14 shall place the witness under oath or affirmation 

15 and shall personally, or by someone acting under the 

16 direction of the officer and in the officer’s presence, 

17 record the testimony of the witness. The testimony 

18 shall be taken stenographically and transcribed. 

19 When the testimony is fully transcribed, the officer 

20 before whom the testimony is taken shall promptly 

21 transmit a copy of the transcript of the testimony to 

22 the custodian. Nothing in this subsection may be 

23 construed to preclude the taking of testimony by any 

24 means authorized by, and in a manner consistent 

25 with, the Federal Rules of Civil Procedure. 


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1 ‘‘(2) PERSONS PRESENT.—The investigator 

2 conducting the examination shall exclude from the 

3 place where the examination is held all persons ex4 cept the person giving the testimony, the attorney 

5 for and any other representative of the person giving 

6 the testimony, the attorney for the Government, any 

7 person who may be agreed upon by the attorney for 

8 the Government and the person giving the testi9 mony, the officer before whom the testimony is to be 

10 taken, and any stenographer taking such testimony. 

11 ‘‘(3) WHERE TESTIMONY TAKEN.—The oral 

12 testimony of any person taken pursuant to a civil in13 vestigative demand served pursuant to this section 

14 shall be taken in the judicial district of the United 

15 States within which such person resides, is found, or 

16 transacts business, or in such other place as may be 

17 agreed upon by the investigator conducting the ex18 amination and such person. 

19 ‘‘(4) TRANSCRIPT OF TESTIMONY.—When the 

20 testimony is fully transcribed, the investigator or the 

21 officer before whom the testimony is taken shall af22 ford the witness (who may be accompanied by coun23 sel) a reasonable opportunity to examine and read 

24 the transcript, unless such examination and reading 

25 are waived by the witness. Any changes in form or 


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1 substance which the witness desires to make shall be 

2 entered and identified upon the transcript by the of3 ficer or the investigator with a statement of the rea4 sons given by the witness for making such changes. 

5 The transcript shall be signed by the witness, unless 

6 the witness in writing waives the signing, is ill, can7 not be found, or refuses to sign. If the transcript is 

8 not signed by the witness within 30 days after being 

9 afforded a reasonable opportunity to examine it, the 

10 officer or the investigator shall sign it and state on 

11 the record the fact of the waiver, illness, absence of 

12 the witness, or the refusal to sign, together with the 

13 reason, if any, given for such circumstance. 

14 ‘‘(5) CERTIFICATION AND DELIVERY TO CUSTO15 DIAN.—The officer before whom the testimony is 

16 taken shall certify on the transcript that the witness 

17 was duly sworn by the officer and that the transcript 

18 is a true record of the testimony given by the wit19 ness. The officer or investigator shall promptly de20 liver the transcript or send it by registered or cer21 tified mail to the custodian. 

22 ‘‘(6) FURNISHING OR INSPECTION OF TRAN23 SCRIPT BY WITNESS.—Upon payment of reasonable 

24 charges, the investigator shall furnish a copy of the 

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1 ney General, or the Attorney General’s designee 

2 may, for good cause, limit such witness to inspection 

3 of the official transcript of the witness’s testimony. 

4 ‘‘(7) CONDUCT OF ORAL TESTIMONY.— 

5 ‘‘(A) IN GENERAL.—Any person compelled 

6 to appear for oral testimony under a civil inves7 tigative demand issued pursuant to subsection 

8 (a) may be accompanied, represented, and ad9 vised by counsel. Counsel may advise such per10 son, in confidence, with respect to any question 

11 asked of such person. Such person or counsel 

12 may object on the record to any question, in 

13 whole or in part, and shall briefly state for the 

14 record the reason for such objection. An objec15 tion may be made, received, and entered upon 

16 the record when it is claimed that such person 

17 is entitled to refuse to answer the question on 

18 the grounds of any constitutional or other legal 

19 right or privilege, including the privilege against 

20 self-incrimination. Such person may not other21 wise object to or refuse to answer any question, 

22 and may not directly or through counsel other23 wise interrupt the oral examination. If such 

24 person refuses to answer any question, a peti25 tion may be filed in the district court of the 


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•S 5131 IS

1 United States pursuant to subsection (k)(1) for 

2 an order compelling such person to answer such 

3 question. 

4 ‘‘(B) COMPELLED TESTIMONY.—If a per5 son described in subparagraph (A) refuses to 

6 answer any question on the grounds of the 

7 privilege against self-incrimination, the testi8 mony of such person may be compelled in ac9 cordance with the provisions of part V of title 

10 18, United States Code. 

11 ‘‘(8) WITNESS FEES AND ALLOWANCES.—Any 

12 person appearing for oral testimony under a civil in13 vestigative demand issued pursuant to subsection (a) 

14 shall be entitled to the same fees and allowances 

15 that are paid to witnesses in the district courts of 

16 the United States. 

17 ‘‘(j) CUSTODIANS OF DOCUMENTS, ANSWERS, AND

18 TRANSCRIPTS.— 

19 ‘‘(1) DESIGNATION.—The Attorney General, or 

20 the Attorney General’s designee shall designate— 

21 ‘‘(A) an investigator to serve as custodian 

22 of documentary material, answers to interrog23 atories, and transcripts of oral testimony re24 ceived under this section; and 


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1 ‘‘(B) such additional investigators as the 

2 Attorney General or designee determines from 

3 time to time to be necessary to serve as depu4 ties of the custodian. 

5 ‘‘(2) RESPONSIBILITY FOR MATERIALS; DISCLO6 SURE.— 

7 ‘‘(A) IN GENERAL.—An investigator who 

8 receives any documentary material, answers to 

9 interrogatories, or transcripts of oral testimony 

10 under this section shall transmit such material 

11 to the custodian, who— 

12 ‘‘(i) shall take physical possession of 

13 such material, answers, or transcripts; and 

14 ‘‘(ii) shall be responsible for the use 

15 made of them and for the return of docu16 mentary material in accordance with para17 graph (4). 

18 ‘‘(B) PREPARATION.—The custodian may 

19 cause the preparation of such copies of such 

20 documentary material, answers to interrog21 atories, or transcripts of oral testimony as may 

22 be required for official use by any investigator, 

23 or other officer or employee of the Department 

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1 vestigator or other officer or employee in con2 nection with the taking of oral testimony under 

3 this section. 

4 ‘‘(C) NO EXAMINATION.—Except as other5 wise provided in this subsection, no documen6 tary material, answers to interrogatories, or 

7 transcripts of oral testimony, or copies thereof, 

8 while in the possession of the custodian, may be 

9 made available for examination by any indi10 vidual other than an investigator or other offi11 cer or employee of the Department of Justice 

12 authorized under subparagraph (B). Such pro13 hibition on the availability of material, answers, 

14 or transcripts shall not apply if consent is given 

15 by the person who produced such material, an16 swers, or transcripts, or, in the case of any 

17 product of discovery produced pursuant to an 

18 express demand for such material, consent is 

19 given by the person from whom the discovery 

20 was obtained. Nothing in this subparagraph 

21 may be construed to prevent disclosure to Con22 gress, including any congressional committee or 

23 subcommittee, or to any other agency of the 

24 United States for use by such agency in fur25 therance of its statutory responsibilities. 


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1 ‘‘(D) EXAMINATION BY CERTAIN PER2 SONS.—While in the possession of the custodian 

3 and under such reasonable terms and conditions 

4 as the Attorney General shall prescribe— 

5 ‘‘(i) documentary material and an6 swers to interrogatories shall be available 

7 for examination by the person who pro8 duced such material or answers, or by a 

9 representative of that person authorized by 

10 that person to examine such material and 

11 answers; and 

12 ‘‘(ii) transcripts of oral testimony 

13 shall be available for examination by the 

14 person who produced such testimony, or by 

15 a representative of that person authorized 

16 by that person to examine such transcripts. 

17 ‘‘(3) USE OF MATERIAL, ANSWERS, OR TRAN18 SCRIPTS IN OTHER PROCEEDINGS.—Whenever any 

19 attorney of the Department of Justice has been des20 ignated to appear before any court, grand jury, or 

21 Federal agency in any case or proceeding, the custo22 dian of any documentary material, answers to inter23 rogatories, or transcripts of oral testimony received 

24 under this section may deliver to such attorney such 

25 material, answers, or transcripts for official use in 


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1 connection with any such case or proceeding as such 

2 attorney determines to be required. Upon the com3 pletion of any such case or proceeding, such attorney 

4 shall return to the custodian any such material, an5 swers, or transcripts so delivered that have not 

6 passed into the control of such court, grand jury, or 

7 agency through the introduction thereof into the 

8 record of such case or proceeding. 

9 ‘‘(4) CONDITIONS FOR RETURN OF MATE10 RIAL.—The custodian, upon written request of the 

11 person who produced any documentary material in 

12 the course of any investigation pursuant to a civil in13 vestigative demand under this section, shall return 

14 to such person any such material (other than copies 

15 furnished to the investigator pursuant to subsection 

16 (g)(2) or made for the Department of Justice pursu17 ant to paragraph (2)(B)) that has not passed into 

18 the control of any court, grand jury, or agency 

19 through introduction into the record of such case or 

20 proceeding if— 

21 ‘‘(A) any case or proceeding before the 

22 court or grand jury arising out of such inves23 tigation, or any proceeding before any Federal 

24 agency involving such material, has been com25 pleted; or 


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1 ‘‘(B) no case or proceeding in which such 

2 material may be used has been commenced 

3 within a reasonable time after completion of the 

4 examination and analysis of all documentary 

5 material and other information assembled in 

6 the course of such investigation. 

7 ‘‘(5) APPOINTMENT OF SUCCESSOR

8 CUSTODIANS.— 

9 ‘‘(A) IN GENERAL.—In the event of the 

10 death, disability, or separation from service in 

11 the Department of Justice of the custodian of 

12 any documentary material, answers to interrog13 atories, or transcripts of oral testimony pro14 duced pursuant to a civil investigative demand 

15 under this section, or in the event of the official 

16 relief of such custodian from responsibility for 

17 the custody and control of such material, an18 swers, or transcripts, the Attorney General or 

19 the Attorney General’s designee shall prompt20 ly— 

21 ‘‘(i) designate another investigator to 

22 serve as custodian of such material, an23 swers, or transcripts; and 

24 ‘‘(ii) transmit in writing to the person 

25 who produced such material, answers, or 


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1 testimony notice of the identity and ad2 dress of the successor so designated. 

3 ‘‘(B) SUCCESSOR.—Any person who is des4 ignated to be a successor pursuant to this para5 graph shall have, with regard to such material, 

6 answers, or transcripts, the same duties and re7 sponsibilities as were imposed by this section 

8 upon the predecessor in office of such person, 

9 except that the successor shall not be held re10 sponsible for any default or dereliction that oc11 curred before such designation. 

12 ‘‘(k) JUDICIAL PROCEEDINGS.— 

13 ‘‘(1) PETITION FOR ENFORCEMENT.—Whenever 

14 any person fails to comply with any civil investiga15 tive demand issued pursuant to subsection (a), or 

16 whenever satisfactory copying or reproduction of any 

17 material requested in such demand cannot be done 

18 and such person refuses to surrender such material, 

19 the Attorney General may file, in the district court 

20 of the United States for any judicial district in 

21 which such person resides, is found, or transacts 

22 business, and serve upon such person a petition for 

23 an order of such court for the enforcement of such 

24 civil investigative demand. 


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1 ‘‘(2) PETITION TO MODIFY OR SET ASIDE DE2 MAND.— 

3 ‘‘(A) IN GENERAL.—Any person who has 

4 received a civil investigative demand issued pur5 suant to subsection (a) may file, in the district 

6 court of the United States for the judicial dis7 trict in which such person resides, is found, or 

8 transacts business, and serve upon the investi9 gator identified in such demand a petition for 

10 an order of the court to modify or set aside 

11 such demand. In the case of a petition ad12 dressed to an express demand for any product 

13 of discovery, a petition to modify or set aside 

14 such demand may be brought only in the dis15 trict court of the United States for the judicial 

16 district in which the proceeding in which such 

17 discovery was obtained is or was last pending. 

18 Any petition under this subparagraph shall be 

19 filed— 

20 ‘‘(i) not later than the earlier of— 

21 ‘‘(I) the date that is 20 days 

22 after the date of service of the civil in23 vestigative demand; or 

24 ‘‘(II) at any time before the re25 turn date specified in the demand; or 


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•S 5131 IS

1 ‘‘(ii) within such longer period as may 

2 be prescribed in writing by any investigator 

3 identified in the demand. 

4 ‘‘(B) GROUNDS FOR RELIEF.—Each peti5 tion filed pursuant to subparagraph (A) shall 

6 specify each ground upon which the petitioner 

7 relies in seeking relief, and may be based upon 

8 any failure of the demand to comply with the 

9 provisions of this section or upon any constitu10 tional or other legal right or privilege of such 

11 person. During the pendency of the petition in 

12 the court, the court may stay, as it deems prop13 er, the running of the time allowed for compli14 ance with the demand, in whole or in part, ex15 cept that the person filing the petition shall 

16 comply with any portions of the demand not 

17 sought to be modified or set aside. 

18 ‘‘(3) PETITION TO MODIFY OR SET ASIDE DE19 MAND FOR PRODUCT OF DISCOVERY.— 

20 ‘‘(A) IN GENERAL.—If a civil investigative 

21 demand issued pursuant to subsection (a) is an 

22 express demand for any product of discovery, 

23 the person from whom such discovery was ob24 tained may file, in the district court of the 

25 United States for the judicial district in which 


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1 the proceeding in which such discovery was ob2 tained is or was last pending, and serve upon 

3 any investigator identified in the demand and 

4 upon the recipient of the demand, a petition for 

5 an order of such court to modify or set aside 

6 those portions of the demand requiring produc7 tion of any such product of discovery. Any peti8 tion under this subparagraph shall be filed— 

9 ‘‘(i) not later than the earlier of— 

10 ‘‘(I) the date that is 20 days 

11 after the date of service of the civil in12 vestigative demand; or 

13 ‘‘(II) at any time before the re14 turn date specified in the demand; or 

15 ‘‘(ii) within such longer period as may 

16 be prescribed in writing by any investigator 

17 identified in the demand. 

18 ‘‘(B) GROUNDS FOR RELIEF.—Each peti19 tion filed pursuant to subparagraph (A) shall 

20 specify each ground upon which the petitioner 

21 relies in seeking relief, and may be based upon 

22 any failure of the portions of the demand from 

23 which relief is sought to comply with the provi24 sions of this section, or upon any constitutional 

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1 tioner. During the pendency of the petition, the 

2 court may stay, as it deems proper, compliance 

3 with the demand and the running of the time 

4 allowed for compliance with the demand. 

5 ‘‘(4) PETITION TO REQUIRE PERFORMANCE BY

6 CUSTODIAN OF DUTIES.—At any time during which 

7 any custodian is in custody or control of any docu8 mentary material or answers to interrogatories pro9 duced, or transcripts of oral testimony given, by any 

10 person in compliance with any civil investigative de11 mand issued pursuant to subsection (a), such per12 son, and in the case of an express demand for any 

13 product of discovery, the person from whom such 

14 discovery was obtained, may file, in the district court 

15 of the United States for the judicial district in which 

16 the office of such custodian is situated, and serve 

17 upon such custodian, a petition for an order of such 

18 court to require the performance by the custodian of 

19 any duty imposed upon the custodian by this section. 

20 ‘‘(5) JURISDICTION.—Whenever any petition is 

21 filed in any district court of the United States pur22 suant to this subsection, such court shall have juris23 diction to hear and determine the matter so pre24 sented, and to enter such order or orders as may be 

25 required to carry out the provisions of this section. 


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1 Any final order so entered shall be subject to appeal 

2 under section 1291 of title 28, United States Code. 

3 Any disobedience of any final order entered under 

4 this section by any court shall be punished as a con5 tempt of the court. 

6 ‘‘(6) APPLICABILITY OF FEDERAL RULES OF

7 CIVIL PROCEDURE.—The Federal Rules of Civil Pro8 cedure shall apply to any petition filed pursuant to 

9 this subsection, to the extent that such rules are not 

10 inconsistent with the provisions of this section. 

11 ‘‘(l) DISCLOSURE EXEMPTION.—Any documentary 

12 material, answers to written interrogatories, or oral testi13 mony provided under any civil investigative demand issued 

14 under subsection (a) shall be exempt from disclosure 

15 under section 552 of title 5, United States Code, as de16 scribed in subsection (b)(3) of such section. 

17 ‘‘(m) DEFINITIONS.—In this section: 

18 ‘‘(1) CUSTODIAN.—The term ‘custodian’ means 

19 the custodian, or any deputy custodian, designated 

20 by the Attorney General pursuant to subsection 

21 (j)(1). 

22 ‘‘(2) INVESTIGATOR.—The term ‘investigator’ 

23 means any attorney or investigator employed by the 

24 Department of Justice who is charged with the duty 

25 of enforcing or carrying into effect this Act, or any 


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•S 5131 IS

1 officer or employee of the United States acting 

2 under the direction and supervision of such attorney 

3 or investigator in connection with an investigation. 

4 ‘‘(3) OFFICIAL USE.—The term ‘official use’ 

5 means any use that is consistent with the law and 

6 the regulations and policies of the Department of 

7 Justice, including— 

8 ‘‘(A) use in connection with internal De9 partment of Justice memoranda and reports; 

10 ‘‘(B) communications between the Depart11 ment of Justice and a Federal, State, or local 

12 government agency, or a contractor of a Fed13 eral, State, or local government agency, under14 taken in furtherance of a Department of Jus15 tice investigation or prosecution of a case; 

16 ‘‘(C) oral examinations; 

17 ‘‘(D) depositions; 

18 ‘‘(E) preparation for and response to civil 

19 discovery requests; 

20 ‘‘(F) introduction into the record of a case 

21 or proceeding; 

22 ‘‘(G) applications, motions, memoranda 

23 and briefs submitted to a court or other tri24 bunal; and 


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1 ‘‘(H) communications with Government in2 vestigators, auditors, consultants and experts, 

3 the counsel of other parties, arbitrators and me4 diators, concerning an investigation, case or 

5 proceeding. 

6 ‘‘(4) PRODUCT OF DISCOVERY.—The term 

7 ‘product of discovery’ includes— 

8 ‘‘(A) the original or duplicate of any depo9 sition, interrogatory, document, thing, result of 

10 the inspection of land or other property, exam11 ination, or admission, which is obtained by any 

12 method of discovery in any judicial or adminis13 trative proceeding of an adversarial nature; 

14 ‘‘(B) any digest, analysis, selection, com15 pilation, or derivation of any item listed in sub16 paragraph (A); and 

17 ‘‘(C) any index or other manner of access 

18 to any item listed in subparagraph (A). 

19 ‘‘(n) SUNSET.—The authority of the Attorney Gen20 eral to issue a civil investigative demand under this section 

21 shall expire upon the expiration of the 5-year period that 

22 begins on the date of enactment of this section.’’. 


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1 SEC. 106. EFFECTIVE DATE. 

2 The amendments made by this subtitle shall take ef3 fect on the date that is 180 days after the date of the 

4 enactment of this Act. 

5 Subtitle B—Other Actions To 

6 Counter CCP Malign Influence 

7 SEC. 111. PROHIBITION ON CERTAIN GIFTS AND CON8 TRACTS FROM THE PRC TO CERTAIN UNITED 

9 STATES INSTITUTIONS. 

10 (a) DEFINITIONS.—In this section: 

11 (1) APPROPRIATE COMMITTEES OF CON12 GRESS.—The term ‘‘appropriate committees of Con13 gress’’ means— 

14 (A) the Committee on Foreign Relations of 

15 the Senate; 

16 (B) the Committee on Health, Education, 

17 Labor, and Pensions of the Senate; 

18 (C) the Committee on Foreign Affairs of 

19 the House of Representatives; and 

20 (D) the Committee on Energy and Com21 merce of the House of Representatives. 

22 (2) CONTRACT.—The term ‘‘contract’’ means 

23 any agreement to acquire, by purchase, lease, or bar24 ter, property or services for the direct benefit or use 

25 of either of party to the agreement. 


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1 (3) COVERED PRC PERSON.—The term ‘‘cov2 ered PRC person’’ means a person that, according 

3 to unclassified or publicly available information— 

4 (A) is a current or former member of the 

5 People’s Liberation Army of the People’s Re6 public of China; 

7 (B) is currently, or was formerly, employed 

8 in any security or intelligence service of the 

9 People’s Republic of China; 

10 (C) is, or is affiliated with, an entity iden11 tified by the Secretary of Defense under section 

12 1260H(a) of the William M. (Mac) Thornberry 

13 National Defense Authorization Act for Fiscal 

14 Year 2021 (Public Law 116–283; 10 U.S.C. 

15 113 note) as a Chinese military company oper16 ating directly or indirectly in the United States; 

17 (D) is, or is affiliated with, any entity that 

18 is included in the Non-SDN Chinese Military19 Industrial Complex Companies List maintained 

20 by the Office of Foreign Assets Control of by 

21 the Department of the Treasury; 

22 (E) is, or is affiliated with, the United 

23 Front Work Department of the Government of 

24 the People’s Republic of China or any sub25 sidiary or affiliate organization, or is otherwise 


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1 involved in activities that support the goals of 

2 the United Front Work Department; 

3 (F) is an employee of any entity owned or 

4 controlled by the Government of the People’s 

5 Republic of China; 

6 (G) is or was an employee of any entity on 

7 the Entity List maintained by the Bureau of 

8 Industry and Security of the Department of 

9 Commerce and set forth in Supplement No. 4 

10 to part 744 of title 15, Code of Federal Regula11 tions; 

12 (H) is or was an employee of an entity or13 ganized under the laws of the People’s Republic 

14 of China that— 

15 (i) is in noncompliance with the audit16 ing rules and standards of the Public Com17 pany Accounting Oversight Board; or 

18 (ii) has been sanctioned by the Public 

19 Company Accounting Oversight Board; 

20 (I) is a think tank directed or funded by 

21 the Chinese Communist Party or any entity of 

22 the Government of the People’s Republic of 

23 China; 

24 (J) is any state key laboratory, including 

25 any defense science and technology state key 


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1 laboratory identified in the 2022 report of the 

2 China Aerospace Studies Institute of the De3 partment of the Air Force entitled ‘‘The PRC 

4 State & Defense Laboratory System Part Two: 

5 Defense S&T Key Lab Directory’’ that is— 

6 (i) working on critical emerging tech7 nologies, including advanced computing, 

8 advanced engineering materials, advanced 

9 gas turbine engine technologies, advanced 

10 manufacturing, advanced and networked 

11 sensing and signature management, ad12 vanced nuclear energy technologies, artifi13 cial intelligence, autonomous systems and 

14 robotics, biotechnologies, communication 

15 and networking technologies, directed en16 ergy, financial technologies, human-ma17 chine interfaces, hypersonics, networked 

18 sensors and sensing, quantum information 

19 technologies, renewable energy generation 

20 and storage, semiconductors and microelec21 tronics, or space technologies and systems; 

22 and 

23 (ii) affiliated with, controlled, or ad24 ministratively managed by an agency of 

25 the Government of the People’s Republic of 


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1 China, the Chinese Academy of Sciences, 

2 or the Polar Research Institute of China; 

3 or 

4 (K) is, or was affiliated with, any entity 

5 owned or controlled by an agency or instrumen6 tality of any person described in any of sub7 paragraphs (A) through (J). 

8 (4) COVERED UNITED STATES INSTITUTION.— 

9 The term ‘‘covered United States institution’’ means 

10 any public or private institution or, if a multicampus 

11 institution, any single campus of such institution, in 

12 any State— 

13 (A) that is legally authorized within such 

14 State to provide a program of education beyond 

15 secondary school; 

16 (B) that provides a program for which the 

17 institution awards a bachelor’s degree (or pro18 vides not less than a 2-year program which is 

19 acceptable for full credit toward such a degree) 

20 or a more advanced degree; 

21 (C) that is accredited by a nationally rec22 ognized accrediting agency or association; and 

23 (D) to which the Federal Government ex24 tends Federal financial assistance (directly or 

25 indirectly through another entity or person), or 


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1 that receives support from the extension of 

2 Federal financial assistance to any of the insti3 tution’s subunits. 

4 (5) CRITICAL TECHNOLOGIES.—The term ‘‘crit5 ical technologies’’ has the meaning given such term 

6 in section 721(a)(6) of the Defense Production Act 

7 of 1950 (50 U.S.C. 4565(a)(6)). 

8 (6) FOREIGN SOURCE.—The term ‘‘foreign 

9 source’’ means— 

10 (A) a foreign government, including an 

11 agency of a foreign government; 

12 (B) a legal entity, governmental or other13 wise, created solely under the laws of a foreign 

14 state or states; 

15 (C) an individual who is not a citizen or a 

16 national of the United States or a trust terri17 tory or protectorate thereof; and 

18 (D) an agent, including a subsidiary or af19 filiate of a foreign legal entity, acting on behalf 

20 of a foreign source. 

21 (7) FREELY ASSOCIATED STATES.—The term 

22 ‘‘Freely Associated States’’ means the Republic of 

23 the Marshall Islands, the Federated States of Micro24 nesia, and the Republic of Palau. 


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1 (8) GIFT.—The term ‘‘gift’’ means any gift of 

2 money or property. 

3 (9) RESTRICTED OR CONDITIONAL GIFT OR

4 CONTRACT.—The term ‘‘restricted or conditional gift 

5 or contract’’ means any endowment, gift, grant, con6 tract, award, present, or property of any kind that 

7 includes provisions regarding— 

8 (A) the employment, assignment, or termi9 nation of faculty; 

10 (B) the establishment of departments, cen11 ters, research or lecture programs, or new fac12 ulty positions; 

13 (C) the selection or admission of students; 

14 or 

15 (D) the award of grants, loans, scholar16 ships, fellowships, or other forms of financial 

17 aid restricted to students of a specified country, 

18 religion, sex, ethnic origin, or political opinion. 

19 (10) STATE.—The term ‘‘State’’ includes, in 

20 addition to the several States of the United States, 

21 the Commonwealth of Puerto Rico, the District of 

22 Columbia, Guam, American Samoa, the United 

23 States Virgin Islands, the Commonwealth of the 

24 Northern Mariana Islands, and the Freely Associ25 ated States. 


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1 (11) STATE KEY LABORATORY.—The term 

2 ‘‘state key laboratory’’ means an institution in the 

3 People’s Republic of China that has been categorized 

4 as a national laboratory or state key laboratory by, 

5 and receives funding, policy, developmental guidance, 

6 or administrative support from, the Government of 

7 the People’s Republic of China. 

8 (b) PROHIBITION.— 

9 (1) IN GENERAL.—Not later than 1 year after 

10 the date of the enactment of this Act, the Secretary 

11 shall prescribe regulations to prohibit a covered 

12 United States institution from accepting a gift from, 

13 or entering into a contract with, a covered PRC per14 son if— 

15 (A)(i) the value of the gift or contract 

16 equals or exceeds $1,000,000; or 

17 (ii) including the gift or contract, the institu18 tion would receive, directly or indirectly, more than 

19 1 gift from or enter into more than 1 contract, di20 rectly or indirectly, with the same covered PRC per21 son, the aggregate of which, during a period of 2 

22 consecutive calendar years, would equal or exceed 

23 $1,000,000; and 

24 (B) the gift or contract— 


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1 (i) relates to research, development, or 

2 production of critical technologies and pro3 vides the covered PRC person making the 

4 gift or providing the contract— 

5 (I) access to regulated or unregu6 lated United States-developed infor7 mation, technology, or data in the 

8 possession of the institution; or 

9 (II) rights, including early access, 

10 to intellectual property created by or 

11 in the possession of the institution; or 

12 (ii) except as provided under para13 graph (2), is a restricted or conditional gift 

14 or contract. 

15 (2) EXCEPTION FOR OPERATING AGREEMENTS

16 FOR BRANCHES OF COVERED UNITED STATES INSTI17 TUTIONS.—The Secretary shall include, in the regu18 lations prescribed pursuant to paragraph (1), an ex19 ception to the prohibition under such paragraph for 

20 a contract between a covered United States institu21 tion and a branch of such institution located in the 

22 People’s Republic of China that provides funding for 

23 the operation of such branch. 

24 (c) PENALTIES.— 

25 (1) FINE.— 


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1 (A) IN GENERAL.—A covered United 

2 States institution that accepts a gift or enters 

3 into a contract in violation of subsection (b) 

4 shall be fined— 

5 (i) for the first such violation, not 

6 more than $250,000; 

7 (ii) for the second such violation, not 

8 more than $500,000; and 

9 (iii) for the third such violation or a 

10 subsequent such violation, not more than 

11 the greater of— 

12 (I) $1,000,000; or 

13 (II) the total value of the gift or 

14 contract, as the case may be. 

15 (B) AVAILABILITY OF FINES TO ADMIN16 ISTER THIS SECTION.— 

17 (i) ESTABLISHMENT OF FUND.— 

18 There is established in the Treasury of the 

19 United States a fund, consisting of such 

20 amounts as may be transferred to the fund 

21 pursuant to clause (ii). 

22 (ii) TRANSFER OF AMOUNTS.—The 

23 Secretary of the Treasury shall transfer to 

24 the fund established under clause (i), from 

25 the general fund of the Treasury, an 


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•S 5131 IS

1 amount determined by the Secretary to be 

2 equivalent to the amount received in the 

3 general fund and attributable to fines col4 lected under subparagraph (A) during fis5 cal year 2024 and during each fiscal year 

6 thereafter. 

7 (iii) AVAILABILITY AND USE OF

8 AMOUNTS.—Amounts in the fund estab9 lished under clause (i) shall be available, as 

10 provided in advance in appropriations Acts, 

11 to the Secretary for fiscal year 2025 and 

12 for each fiscal year thereafter to carry out 

13 this section. 

14 (2) REQUIREMENT TO RETURN GIFT OR TERMI15 NATE CONTRACT.—A covered United States institu16 tion that accepts a gift or enters into a contract in 

17 violation of subsection (b) shall return the gift or 

18 terminate the contract, as the case may be. 

19 (3) RESTRICTION ON FUNDING FROM THE DE20 PARTMENT OF STATE.— 

21 (A) IN GENERAL.—A covered United 

22 States institution that accepts a gift or enters 

23 into a contract in violation of subsection (b) is 

24 ineligible to receive any grant or other funding 

25 from the Department of State during the 5-year 


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1 period beginning on the date on which the insti2 tution accepts such gift or enters into such con3 tract, as the case may be. 

4 (B) RESTRICTION ON GRANTEES DOING

5 BUSINESS WITH VIOLATORS.—A person that re6 ceives a grant or other funding from the De7 partment of State may not, as a condition of 

8 the grant or funding, conduct any business with 

9 a covered United States institution that accepts 

10 a gift or enters into a contract in violation of 

11 subsection (b) during the 5-year period begin12 ning on the date on which the institution ac13 cepts such gift or enters into such contract, as 

14 the case may be. 

15 (4) WAIVER.— 

16 (A) AUTHORIZATION.—The Secretary may 

17 waive the application of not more than 2 of the 

18 penalties under paragraphs (1) through (3), 

19 with respect to a covered United States institu20 tion that accepts a gift or enters into a contract 

21 in violation of subsection (b), if the President— 

22 (i) determines that— 

23 (I) such waiver is in the national 

24 security interest of the United States; 

25 and 


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1 (II) such gift or contract does 

2 not result in any restrictions on aca3 demic freedom or freedom of expres4 sion within the United States; and 

5 (ii) not later than 15 days after mak6 ing such determination, submits to the 

7 chairperson and ranking member of the 

8 appropriate committees of Congress a writ9 ten report regarding such determination 

10 that includes a detailed justification for the 

11 determination. 

12 (B) ELEMENTS.—Each report submitted 

13 pursuant to subparagraph (A)(ii) shall— 

14 (i) be accompanied by materials sub15 mitted by the covered United States insti16 tution that accepted a gift or entered into 

17 a contract in violation of subsection (b) 

18 disclosing— 

19 (I) the covered PRC person that 

20 provided the gift or with which the 

21 contract was entered into; 

22 (II) the nature of the gift or con23 tract; and 

24 (III) the purpose of the gift or 

25 contract; and 


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1 (ii) include a detailed justification for 

2 why the gift or contract does not result 

3 in— 

4 (I) harm to the national security 

5 of the United States; or 

6 (II) any restrictions on academic 

7 freedom or freedom of expression 

8 within the United States. 

9 (d) GUIDANCE.—The regulations prescribed pursuant 

10 to subsection (b)(1) shall— 

11 (1) provide guidance to covered United States 

12 institutions with respect to complying with this sec13 tion; and 

14 (2) provide a specific point of contact through 

15 which covered United States institutions can com16 municate with the Department of State on matters 

17 relating to compliance with this section. 

18 (e) DISCLOSURE REPORTS.— 

19 (1) IN GENERAL.—A covered United States in20 stitution shall submit to the Secretary a disclosure 

21 report relating to any gift or contract received from 

22 or entered into with a foreign source described in 

23 paragraph (5) that includes— 

24 (A) the aggregate dollar amount or value 

25 of the gift or contract; 


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1 (B) a detailed description of the nature 

2 and purpose of the gift or contract, including— 

3 (i) whether such gift or contract re4 lates to the research, development, or pro5 duction of critical technologies and, if so, 

6 a description of the nature of such rela7 tionship; and 

8 (ii) whether it is a restricted or condi9 tional gift or contract and, if so, a descrip10 tion of the restrictions or conditions on the 

11 gift or contract; 

12 (C) in the case of a gift or contract that 

13 relates to the research, development, or produc14 tion of critical technologies or that is a re15 stricted or conditional gift or contract, a jus16 tification for why the gift or contract does not 

17 result in— 

18 (i) harm to the national security of 

19 the United States; or 

20 (ii) any restrictions on academic free21 dom or freedom of expression within the 

22 United States; 

23 (D) the name and verified address of the 

24 foreign source; 


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1 (E) a description of any due diligence con2 ducted by such institution before accepting the 

3 gift or entering into the contract; and 

4 (F) an assurance that such institution 

5 will— 

6 (i) maintain a true copy of the gift or 

7 contract agreement until the later of— 

8 (I) the date that is 4 years after 

9 the date on which such institution en10 tered into such agreement; or 

11 (II) the date on which such 

12 agreement terminates; 

13 (ii) produce a true copy of the gift or 

14 contract agreement upon the request of the 

15 Secretary during an audit of the compli16 ance of the institution with this section or 

17 another institutional investigation; and 

18 (iii) ensure that all gifts and contracts 

19 from the foreign source are translated into 

20 English by a third party that is unaffili21 ated with the foreign source or institution. 

22 (2) PROVISION OF INFORMATION TO CONGRESS

23 ON REQUEST.— 

24 (A) IN GENERAL.—The Secretary shall 

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1 graph (B) to the chairperson or ranking mem2 ber of the Committee on Foreign Relations of 

3 the Senate or the Committee on Foreign Affairs 

4 of the House of Representatives not later than 

5 15 days after receiving a request from the 

6 chairperson or ranking member for such infor7 mation. 

8 (B) INFORMATION DESCRIBED.—The in9 formation described in this subparagraph, with 

10 respect to any disclosure report submitted 

11 under paragraph (1) is— 

12 (i) any information required to be in13 cluded in the report; and 

14 (ii) a justification for any decision by 

15 the Secretary with respect to the gift or 

16 contract that is the subject of the report. 

17 (3) PUBLIC INFORMATION.—The Secretary 

18 shall make public, in a searchable database, with re19 spect to each gift or contract that is the subject of 

20 a disclosure report submitted under paragraph (1)— 

21 (A) the aggregate dollar amount or value 

22 of the gift or contract; 

23 (B) a summary of the purpose of the gift 

24 or contract, including— 


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1 (i) whether the gift or contract relates 

2 to the research, development, or production 

3 of critical technologies and, if so, a de4 scription of the nature of such relationship; 

5 and 

6 (ii) whether it is a restricted or condi7 tional gift or contract and, if so, a descrip8 tion of the restrictions or conditions on the 

9 gift or contract; and 

10 (C) with respect to the foreign source from 

11 which the gift was received or with which the 

12 contract was entered into— 

13 (i) in the case of a foreign source that 

14 is an individual, the primary professional 

15 affiliation of the individual; and 

16 (ii) in the case of a foreign source 

17 that is an entity, the name and verified ad18 dress of the entity. 

19 (4) CONDITION.—A gift received from, or a 

20 contract entered into with, a foreign source de21 scribed in paragraph (5) may not be disclosed to the 

22 Department of State or to the chairperson or rank23 ing member of the Committee on Foreign Relations 

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1 fairs of the House of Representatives, or publicly re2 ported, as anonymous. 

3 (5) FOREIGN SOURCES DESCRIBED.—A foreign 

4 source described in this paragraph is a foreign 

5 source that is— 

6 (A) the Chinese Communist Party or the 

7 Government of the People’s Republic of China, 

8 including an agency of such government; 

9 (B) a legal entity (governmental or other10 wise) created solely under the laws of the Peo11 ple’s Republic of China; 

12 (C) an individual who is a citizen or a na13 tional of the People’s Republic of China; or 

14 (D) an agent, including a subsidiary or af15 filiate of a foreign legal entity, acting on behalf 

16 of— 

17 (i) the Chinese Communist Party or 

18 the Government of the People’s Republic of 

19 China; or 

20 (ii) an entity or individual described 

21 in subparagraph (B) or (C). 

22 (f) REPORT.— 

23 (1) IN GENERAL.—Not later than 2 years after 

24 the date of the enactment of this Act, and annually 

25 thereafter for a period of 7 years, the Secretary shall 


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1 submit to the appropriate committees of Congress a 

2 report that— 

3 (A) describes steps taken during the period 

4 described in paragraph (2) to implement this 

5 section; 

6 (B) includes information or recommenda7 tions to improve the implementation of this sec8 tion; and 

9 (C) includes any other information the 

10 Secretary considers relevant. 

11 (2) PERIOD DESCRIBED.—The period described 

12 in this paragraph is— 

13 (A) in the case of the first report required 

14 by paragraph (1), the 2-year period beginning 

15 on the date of the enactment of this Act; and 

16 (B) in the case of any subsequent such re17 port, the 1-year period preceding submission of 

18 the report. 

19 (3) FORM OF REPORT.— 

20 (A) IN GENERAL.—The report required by 

21 paragraph (1) shall be submitted in unclassified 

22 form, but (subject to subparagraph (B)) may 

23 include a classified annex. 

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1 mation on foreign donations received by covered 

2 United States institutions in the unclassified 

3 portion of the report required by paragraph (1). 

4 SEC. 112. REQUIREMENT FOR THINK TANKS TO DISCLOSE 

5 FOREIGN FUNDING. 

6 (a) DEFINITIONS.—In this section: 

7 (1) COVERED ORGANIZATION.—The term ‘‘cov8 ered organization’’ means any United States think 

9 tank that— 

10 (A) receives at least $2,500 in funding 

11 from the Department in a single fiscal year; 

12 (B) has significant participation in more 

13 than 3 Department-hosted events in a fiscal 

14 year that relate to a subject or purpose for 

15 which the covered source of funding was pro16 vided to the covered organization; or 

17 (C) hosts an event, panel, presentation, or 

18 meeting with any Department official at the Of19 fice Director level or above more than 3 times 

20 in a fiscal year on a subject or purpose for 

21 which the covered source of funding was pro22 vided to the covered organization. 

23 (2) FOREIGN GOVERNMENTAL ENTITY.—The 

24 term ‘‘foreign governmental entity’’ means— 


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1 (A) any department, agency, or other enti2 ty of a foreign government at the national, re3 gional, or local level; 

4 (B) any governing party or coalition of a 

5 foreign government at the national, regional, or 

6 local level; 

7 (C) any entity majority-owned or majority8 controlled by a foreign government at the na9 tional, regional, or local level; or 

10 (D) any company, economic project, cul11 tural organization, exchange program, or non12 governmental organization that is more than 33 

13 percent owned or controlled by the government 

14 of such country, or their advisors, consultants, 

15 or representatives. 

16 (3) THINK TANK.—The term ‘‘think tank’’ 

17 means a stand-alone institution, organization, cor18 poration, or group that studies public policy issues 

19 with the primary objective of providing information, 

20 ideas, and recommendations to United States Gov21 ernment entities regarding the development and im22 plementation of policy. 

23 (b) RULEMAKING.— 

24 (1) IN GENERAL.—Not later than 180 days 

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1 retary shall develop and promulgate regulations re2 quiring covered organizations to submit an annual 

3 disclosure to the Under Secretary of State for Man4 agement that describes— 

5 (A) any funding, cooperative research or 

6 staffing agreements, or joint projects received 

7 from or executed with the covered sources of 

8 funding specified in paragraph (2) the purpose 

9 or subject of which relates to a topic such cov10 ered organizations engage on with the Depart11 ment; and 

12 (B) any practices or processes undertaken 

13 by a covered organization to ensure that its re14 search agenda or products are not influenced by 

15 foreign donors. 

16 (2) COVERED SOURCES OF FUNDING.—The 

17 sources of funding referred to in paragraph (1) are 

18 foreign governmental entities and political parties 

19 from the People’s Republic of China, the Islamic Re20 public of Iran, or the Russian Federation. 

21 (c) REPORT.—Not later than 120 days after the ef22 fective date of the regulations promulgated pursuant to 

23 subsection (b), the Secretary shall submit a report to the 

24 appropriate congressional committees that describes— 


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1 (1) the status of implementing such regulations 

2 and any challenges or obstacles to implementation; 

3 (2) the offices within the Department respon4 sible for implementing the regulations; and 

5 (3) any recommendations to improve upon such 

6 regulations. 

7 SEC. 113. AMENDMENT TO THE MUTUAL EDUCATION AND 

8 CULTURAL EXCHANGE ACT OF 1961. 

9 (a) EXCLUSION OF GOVERNMENT OF THE PEOPLE’S

10 REPUBLIC OF CHINA FROM CERTAIN CULTURAL EX11 CHANGES; REQUIRED REVIEWS.—Section 108A of the 

12 Mutual Educational and Cultural Exchange Act of 1961 

13 (22 U.S.C. 2458a) is amended— 

14 (1) in subsection (a), by adding at the end the 

15 following: 

16 ‘‘(3) For purposes of this section, the term ‘for17 eign government’ does not include the Government 

18 of the People’s Republic of China.’’; and 

19 (2) by striking subsection (c) and inserting the 

20 following: 

21 ‘‘(c) REVIEWS.— 

22 ‘‘(1) IN GENERAL.—Not later than 1 year after 

23 the date of the enactment of the STRATEGIC Act 

24 of 2024, and every 3 years thereafter, subject to the 

25 exception in paragraph (3), the Secretary shall subVerDate Sep 11 2014 18:55 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S5131.IS S5131

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1 mit a report to the Committee on Foreign Relations 

2 of the Senate and the Committee on Foreign Affairs 

3 of the House of Representatives that contains a re4 view of each educational or cultural exchange pro5 gram approved in accordance with this section to en6 sure such programs continue to adhere to the pur7 poses set forth in section 101. 

8 ‘‘(2) CONTENTS.—The report required under 

9 paragraph (1) shall include— 

10 ‘‘(A) information, including agendas or 

11 itineraries, of activities carried out pursuant to 

12 programs authorized under this section during 

13 the covered reporting period; and 

14 ‘‘(B) with respect to each cultural ex15 change program, a written assessment and de16 termination by the Assistant Secretary of State 

17 for Educational and Cultural Affairs and the 

18 Assistant Secretary of State of the regional bu19 reau responsible for the country or countries in 

20 which the educational or cultural exchange 

21 takes place regarding whether the program con22 tinues to adhere to the purposes set forth in 

23 section 101, based on the information collected 

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1 evant information jointly submitted by such of2 ficials. 

3 ‘‘(3) WHITE LIST EXCEPTION.— 

4 ‘‘(A) IN GENERAL.—For any program that 

5 takes place within a country that is a United 

6 States ally or close strategic partner and has 

7 been approved in accordance with this section, 

8 the Department of State, following the submis9 sion of the second report required under para10 graph (1), may place such program on a list of 

11 programs authorized under this Act that the 

12 Secretary determines, in 2 consecutive reports 

13 submitted pursuant to this subsection, have 

14 demonstrated a track record of full compliance 

15 with the purposes set forth in section 101. The 

16 list identifying such programs shall be referred 

17 to in this paragraph as the ‘MECEA White 

18 List’. 

19 ‘‘(B) MECEA WHITE LIST REQUIRE20 MENTS.—The MECEA White List shall be— 

21 ‘‘(i) submitted as an addendum to the 

22 review required under this section; and 

23 ‘‘(ii) reviewed not less frequently than 

24 every 6 years. 


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1 ‘‘(C) EXCEPTION TO REVIEW.—The review 

2 requirement described in paragraph (1) shall 

3 not apply with respect to any program that is 

4 included on the MECEA White List. 

5 ‘‘(D) COUNTRIES INELIGIBLE FOR WHITE

6 LIST.—The MECEA White List shall not in7 clude trips or exchanges to the Bolivarian Re8 public of Venezuela, the People’s Republic of 

9 China, the Republic of Cuba, the Republic of 

10 Nicaragua, or the Russian Federation. 

11 ‘‘(4) RULE OF CONSTRUCTION.—The Secretary 

12 is not required to provide advanced approval of a 

13 specific or individual trip or activity if such trip or 

14 activity is undertaken as part of a program reviewed 

15 and approved in accordance with this section. 

16 ‘‘(d) REMEDIATION AND TERMINATION.—If the Sec17 retary determines that a program is no longer in compli18 ance with the purposes set forth in section 101, the Sec19 retary— 

20 ‘‘(1) shall make all efforts to work with the for21 eign government with whom the agreement for such 

22 program has been made on remediation to ensure 

23 the program is in full compliance with the purposes 

24 set forth in section 101; and 


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1 ‘‘(2) if the efforts described in paragraph (1) 

2 fail to ensure such compliance, is authorized to sus3 pend or terminate such program.’’. 

4 (b) REPORTING REQUIREMENTS WITH RESPECT TO

5 PARTICIPATION BY UNITED STATES ENTITIES IN CUL6 TURAL EXCHANGE PROGRAMS INVOLVING THE PEOPLE’S

7 REPUBLIC OF CHINA.—The Mutual Educational and Cul8 tural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is 

9 amended by inserting after section 108A the following: 

10 ‘‘SEC. 108B. REPORTING REQUIREMENTS WITH RESPECT TO 

11 PARTICIPATION BY UNITED STATES ENTITIES 

12 IN CULTURAL EXCHANGE PROGRAMS IN13 VOLVING THE PEOPLE’S REPUBLIC OF 

14 CHINA. 

15 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Con16 gress that State and local entities in the United States 

17 and other organizations and individuals in the United 

18 States who sponsor, carry out, or otherwise participate in 

19 cultural, educational, or economic exchange programs with 

20 the People’s Republic of China should adopt measures to 

21 facilitate rigorous oversight of such programs and cor22 responding activities conducted pursuant to such pro23 grams, including compliance with the oversight require24 ments described in this section, as applicable. 


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1 ‘‘(b) INITIAL CERTIFICATION TO CONGRESS.—Not 

2 later than 30 days before entering into an agreement to 

3 establish or reestablish any exchange program that in4 volves the Government of the People’s Republic of China, 

5 the Secretary shall certify to the appropriate congressional 

6 committees that— 

7 ‘‘(1) establishing or reestablishing such pro8 gram is in the national interests of the United 

9 States; 

10 ‘‘(2) such program will adhere to the purposes 

11 set forth in section 101; and 

12 ‘‘(3) the Department of State has established 

13 mechanisms requiring each United States entity sup14 porting or carrying out such program to submit to 

15 the Department of State, not later than October 30 

16 of each year, a report that includes, with respect to 

17 all programs in which executive branch employees or 

18 nongovernmental employees participated in the most 

19 recently concluded fiscal year— 

20 ‘‘(A) the total number of cultural exchange 

21 activities conducted by such entity pursuant to 

22 section 108A; 

23 ‘‘(B) a description and purpose of each 

24 such activity; 


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1 ‘‘(C) a detailed agenda or itinerary for 

2 each such activity; 

3 ‘‘(D) the total number and agency affili4 ations of the participants of each such activity; 

5 ‘‘(E) any indication of whether any of the 

6 participants during the reporting period partici7 pated in another activity authorized under sec8 tion 108A that involves the People’s Republic of 

9 China during the preceding 2-year period; and 

10 ‘‘(F) a summary of any feedback that was 

11 collected on a voluntary basis from participants 

12 in an activity authorized under section 108A, 

13 including any actions or behavior by the Peo14 ple’s Republic of China that potentially under15 mine the purposes of set forth in section 101; 

16 and 

17 ‘‘(4) the Department of State has established 

18 mechanisms requiring each United States entity sup19 porting or carrying out such program to submit to 

20 the Department of State, not less frequently than 

21 annually, a report that includes, with respect to all 

22 programs in which legislative branch employees par23 ticipate— 


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1 ‘‘(A) the total number of cultural exchange 

2 activities conducted by the entity pursuant to 

3 section 108A; 

4 ‘‘(B) a description and purpose of each 

5 such activity; 

6 ‘‘(C) a detailed agenda or itinerary for 

7 each such activity; 

8 ‘‘(D) the total number and congressional 

9 affiliations of the participants of each such ac10 tivity; 

11 ‘‘(E) any indication of whether any of the 

12 participants during the reporting period partici13 pated in another activity authorized under sec14 tion 108A that involves the People’s Republic of 

15 China during the preceding 2-year period; and 

16 ‘‘(F) a summary of any feedback that was 

17 collected on a voluntary basis from participants 

18 in, or observers of, an activity authorized under 

19 section 108A, including any actions or behavior 

20 by the People’s Republic of China that poten21 tially undermines the purposes set forth in sec22 tion 101. 

23 ‘‘(c) ANNUAL CERTIFICATIONS TO CONGRESS.— 

24 ‘‘(1) IN GENERAL.—Not later than 1 year after 

25 establishing or reestablishing a cultural exchange 


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1 program described in subsection (b), and annually 

2 thereafter through September 30, 2029, the Sec3 retary shall submit a certification to the appropriate 

4 congressional committees that indicates whether— 

5 ‘‘(A) the continuation of such exchange 

6 program is in the national interests of the 

7 United States, including a justification for such 

8 assessment; 

9 ‘‘(B) the program is adhering to the pur10 poses set forth in section 101, including a jus11 tification for such assessment; and 

12 ‘‘(C) the mechanisms described in para13 graphs (3) and (4) of subsection (b) provide the 

14 Department of State sufficient transparency 

15 and oversight of such program and its activi16 ties, and an explanation of such mechanisms. 

17 ‘‘(2) FAILURE TO CERTIFY.—If the Secretary 

18 fails to certify that all of the requirements described 

19 under paragraph (1) have been met with respect to 

20 a cultural exchange program described in subsection 

21 (b), the Secretary shall— 

22 ‘‘(A) suspend such program until the Sec23 retary is able make such a certification; or 

24 ‘‘(B) terminate the corresponding agree25 ment described in subsection (b). 


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1 ‘‘(d) TRANSPARENCY REPORT.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall in3 clude, with the annual certification required under 

4 subsection (c), a detailed summary of the reports re5 ceived pursuant to paragraphs (3) and (4) of sub6 section (b) from United States entities that are car7 rying out or otherwise participating in a cultural ex8 change program that involves the Government of the 

9 People’s Republic of China. 

10 ‘‘(2) MATTERS TO BE INCLUDED.—The sum11 mary required under paragraph (1) shall include, 

12 with respect to the reporting period— 

13 ‘‘(A) the total number of cultural exchange 

14 programs conducted; 

15 ‘‘(B) the total number of participants in 

16 such cultural exchange programs; 

17 ‘‘(C) a list of the agency that employs each 

18 such participant; 

19 ‘‘(D) an overview of such cultural exchange 

20 programs, including the inclusion of not fewer 

21 than 3 sample itineraries or agendas and illus22 trative examples of activities in which partici23 pants engaged; 

24 ‘‘(E) an assessment of whether such cul25 tural programs comply with purposes set forth 


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1 in section 101, including a description of any 

2 noticeable deviations from such purposes; 

3 ‘‘(F) a description of all actions taken by 

4 the Department of State to remediate devi5 ations from such purposes; and 

6 ‘‘(G) a detailed rationale for continuing 

7 each such program despite any deviations de8 scribed in such summary. 

9 ‘‘(3) FORM OF REPORT.—The summary re10 quired under paragraph (1) shall be submitted in 

11 unclassified form. 

12 ‘‘(e) FAILURE OF UNITED STATES ENTITY TO RE13 PORT.—The Secretary shall promulgate regulations to dis14 qualify any United States entity from carrying out any 

15 activities associated with a cultural exchange program de16 scribed in subsection (b) if such entity fails to comply with 

17 the reporting requirements described in subsection (b)(4) 

18 until the sooner of— 

19 ‘‘(1) 1 year after the first day of such disquali20 fication; or 

21 ‘‘(2) the date on which such entity is in full 

22 compliance with the reporting requirements de23 scribed in subsection (b)(4). 

24 ‘‘(f) ADDITIONAL MATTERS.— 


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1 ‘‘(1) NOTIFICATION REQUIREMENT.—Any legis2 lative branch employee who participates in an activ3 ity covered by an agreement described in subsection 

4 (b) with the People’s Republic of China shall notify 

5 the congressional entities listed in paragraph (2)— 

6 ‘‘(A) not later than 10 days before the be7 ginning of such activity, of the dates of travel, 

8 the agenda or itinerary of such activity as of 

9 the date of submission, and an indication of 

10 whether the employee has participated in an ac11 tivity covered by such an agreement during ei12 ther of the preceding 2 calendar years; and 

13 ‘‘(B) not later than 10 days after the end 

14 of such activity, of the final agenda or itinerary 

15 relating to such activity. 

16 ‘‘(2) CONGRESSIONAL ENTITIES DESCRIBED.— 

17 The congressional entities listed in this paragraph 

18 are— 

19 ‘‘(A) the majority leader and minority 

20 leader of the Senate; 

21 ‘‘(B) the Select Committee on Ethics of 

22 the Senate; 

23 ‘‘(C) the Committee on Foreign Relations 

24 of the Senate; 


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1 ‘‘(D) the Speaker and minority leader of 

2 the House of Representatives; 

3 ‘‘(E) the Committee on Ethics of the 

4 House of Representatives; and 

5 ‘‘(F) the Committee on Foreign Affairs of 

6 the House of Representatives. 

7 ‘‘(3) MONITORING.—In order to monitor and 

8 evaluate activities covered by an agreement de9 scribed in subsection (b) to ensure compliance with 

10 the purposes set forth in section 101, United States 

11 diplomats shall be permitted to observe activities in 

12 which— 

13 ‘‘(A) executive branch employees partici14 pate; or 

15 ‘‘(B) legislative branch employees partici16 pate, with the concurrence of such legislative 

17 branch employees. 

18 ‘‘(g) RULEMAKING.—The Secretary shall promulgate 

19 regulations to carry out this section.’’. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to the Department of State 

22 $45,000,000, for fiscal year 2025, for the purposes of ex23 change support within the Bureau of Educational and Cul24 tural Affairs, including creating 1 new position to support 

25 the implementation and oversight of programs authorized 


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1 under the Mutual Educational and Cultural Exchange Act 

2 of 1961, as amended by this section. 

3 SEC. 114. ESTABLISHMENT OF COUNTERING THE PEOPLE’S 

4 REPUBLIC OF CHINA INFLUENCE FUND. 

5 (a) DEFINITIONS.—In this section: 

6 (1) CCP.—The term ‘‘CCP’’ means the Chinese 

7 Communist Party. 

8 (2) FUND.—The term ‘‘Fund’’ means the 

9 Countering the People’s Republic of China Influence 

10 Fund established under subsection (b). 

11 (3) MALIGN INFLUENCE.—The term ‘‘malign 

12 influence’’, with respect to the Government of the 

13 PRC and the CCP, includes acts conducted by the 

14 Government of the PRC, the CCP, or entities acting 

15 on their behalf, that— 

16 (A) undermine a free and open inter17 national order; 

18 (B) advance an alternative, repressive 

19 international order that— 

20 (i) bolsters the hegemonic ambitions 

21 of the Government of the PRC and the 

22 CCP; and 

23 (ii) is characterized by coercion and 

24 dependency; 


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1 (C) undermine the national security or sov2 ereignty of the United States or of other coun3 tries; or 

4 (D) undermine the economic security of 

5 the United States or of other countries, includ6 ing by promoting corruption and advancing co7 ercive economic practices. 

8 (b) COUNTERING THE PEOPLE’S REPUBLIC OF

9 CHINA INFLUENCE FUND.— 

10 (1) ESTABLISHMENT.—There is established in 

11 the Treasury of the United States a trust fund, 

12 which— 

13 (A) shall be known as the ‘‘Countering the 

14 People’s Republic of China Influence Fund’’; 

15 and 

16 (B) shall consist of such amounts as may 

17 be appropriated or otherwise made available to 

18 the Fund pursuant to paragraph (2). 

19 (2) AUTHORIZATION OF APPROPRIATIONS.— 

20 (A) IN GENERAL.—There is authorized to 

21 be appropriated to the Fund, for each of the 

22 fiscal years 2025 through 2029, $400,000,000, 

23 which shall be used to counter the influence of 

24 the Government of the PRC and the CCP and 

25 entities acting on their behalf globally, and shall 


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1 be in addition to amounts otherwise authorized 

2 to be appropriated to counter such influence. 

3 (B) AVAILABILITY OF FUNDS.—Amounts 

4 appropriated to the Fund pursuant to subpara5 graph (A) shall remain available until expended. 

6 (c) NOTIFICATION; CONSULTATION.—Amounts in the 

7 Fund— 

8 (1) shall be subject to the notification require9 ments under section 634A of the Foreign Assistance 

10 Act of 1961 (22 U.S.C. 2394–1); and 

11 (2) may not be obligated without prior consulta12 tion with— 

13 (A) the Committee on Foreign Relations of 

14 the Senate; 

15 (B) the Committee on Appropriations of 

16 the Senate; 

17 (C) the Committee on Foreign Affairs of 

18 the House of Representatives; and 

19 (D) the Committee on Appropriations of 

20 the House of Representatives. 

21 (d) POLICY GUIDANCE, COORDINATION, AND AP22 PROVAL.— 

23 (1) COORDINATOR.—The Secretary shall des24 ignate an existing senior official of the Department 

25 of State at the rank of Assistant Secretary or above 


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1 to provide policy guidance, coordination, and ap2 proval for the obligation of amounts appropriated 

3 pursuant to subsection (b)(2). 

4 (2) DUTIES.—The senior official designated 

5 pursuant to paragraph (1) shall— 

6 (A) annually identify specific strategic pri7 orities for using amounts in the Fund, such as 

8 geographic areas of focus or functional cat9 egories of programming within which such 

10 amounts are to be concentrated, in accordance 

11 with the national interests of the United States 

12 and the purposes of this section; 

13 (B) coordinate and approve all program14 ming conducted using amounts in the Fund, 

15 based on an assessment that such programming 

16 directly counters the malign influence of the 

17 Government of the PRC and the CCP (includ18 ing specific activities or policies advanced by the 

19 Government of the PRC or the CCP), pursuant 

20 to the strategic objectives of the United States 

21 established in the 2017 National Security 

22 Strategy, the 2018 National Defense Strategy, 

23 and other relevant national and regional strate24 gies; 


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1 (C) ensure that all approved program2 ming— 

3 (i) bears a sufficiently direct nexus to 

4 acts by the Government of the PRC or the 

5 CCP described in subsection (a)(3); and 

6 (ii) adheres to the requirements de7 scribed in subsection (e); and 

8 (D) conduct oversight, monitoring, and 

9 evaluation of the effectiveness of all program10 ming conducted using the amounts appro11 priated pursuant to subsection (b)(2) to ensure 

12 that it advances United States interests and de13 grades the ability of the Government of the 

14 PRC or the CCP, to advance activities that 

15 align with the efforts described in subsection 

16 (e). 

17 (3) INTERAGENCY COORDINATION.—The senior 

18 official designated pursuant to paragraph (1), in co19 ordinating and approving programming pursuant to 

20 paragraph (2), shall seek— 

21 (A) to conduct appropriate interagency 

22 consultation; and 

23 (B) to ensure, to the maximum extent 

24 practicable, that all approved programming 

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1 ties to counter the malign influence and activi2 ties of the Government of the PRC or the CCP. 

3 (4) ASSISTANT COORDINATOR.—The Adminis4 trator of the United States Agency for International 

5 Development shall designate a senior official at the 

6 rank of Assistant Administrator or above to assist 

7 and consult with the senior official designated pur8 suant to paragraph (1), particularly with respect to 

9 such assistance handled by USAID. 

10 (e) COUNTERING MALIGN INFLUENCE.—In this sec11 tion, countering malign influence through the use of 

12 amounts in the Fund shall include efforts— 

13 (1) to promote transparency and accountability, 

14 and reduce corruption, including in governance 

15 structures targeted by the malign influence of the 

16 Government of the PRC or the CCP; 

17 (2) to support civil society and independent 

18 media to raise awareness of, and increase trans19 parency regarding, the negative impact of activities 

20 and initiatives of the Government of the PRC, the 

21 CCP, and entities acting on their behalf, including 

22 the Global Security Initiative, the Global Develop23 ment Initiative, the Global Civilization Initiative, the 

24 Belt and Road Initiative, associated initiatives, and 


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1 other economic initiatives with strategic or political 

2 purposes, and coercive economic practices; 

3 (3) to counter transnational criminal networks 

4 that benefit, or benefit from, the malign influence of 

5 the Government of the PRC, the CCP, or entities 

6 acting on their behalf; 

7 (4) to encourage economic development struc8 tures that help protect against predatory lending 

9 schemes, including support for market-based alter10 natives in key economic sectors, such as digital econ11 omy, energy, and infrastructure; 

12 (5) to counter activities that provide undue in13 fluence to the security forces of the PRC; 

14 (6) to expose foreign influence operations and 

15 propaganda of the Government of the PRC, the 

16 CCP, and entities acting on their behalf; 

17 (7) to counter efforts by the CCP to legitimize 

18 or promote authoritarian ideology and governance 

19 models, including its model of a state-dominated 

20 cyber and digital ecosystem; 

21 (8) to counter efforts by the Government of the 

22 PRC, the CCP, or entities acting on their behalf to 

23 silence, intimidate, or exact reprisal against individ24 uals outside of the PRC’s internationally recognized 

25 sovereign borders, including members of diaspora 


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1 populations, such as political opponents, repressed 

2 religious or spiritual practitioners, marginalized eth3 nic community members, civil society activists, 

4 human rights defenders, researchers, and journal5 ists; 

6 (9) to provide alternatives to problematic PRC 

7 technology offerings which could provide the Govern8 ment of the PRC undue access to, or influence over, 

9 global data flows or sensitive information and com10 pete with problematic PRC efforts to leverage or 

11 make gains in the development of advanced and 

12 emerging technologies; 

13 (10) to counter PRC activities that directly en14 able critical supply chain monopolization or other 

15 monopolistic practices; 

16 (11) to counter aggressive PRC efforts to make 

17 inroads into the nuclear energy sectors of countries 

18 to the detriment of United States national security, 

19 strategic, and nonproliferation interests; and 

20 (12) to counter efforts by the Government of 

21 the PRC, the CCP, and entities acting on their be22 half to undermine the democratic processes and in23 stitutions of United States allies and partners. 


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1 SEC. 115. NOTIFICATION REQUIREMENT FOR PARTICIPA2 TION OF DEPARTMENT OF STATE AND USAID 

3 OFFICIALS IN PRIVATE EVENTS THAT IN4 CLUDE THE PARTICIPATION OF SPECIALLY 

5 DESIGNATED AND BLOCKED PERSONS. 

6 (a) DEFINITIONS.—In this section: 

7 (1) OFFICIALS.—The term ‘‘officials’’ means 1 

8 or more individuals who are employed directly or 

9 through a contractual arrangement by the Depart10 ment of State or the United States Agency for Inter11 national Development. 

12 (2) PRIVATE EVENT.—The term ‘‘private 

13 event’’ means any organized workshop, conference, 

14 forum, summit, or other gathering that is primarily 

15 organized and financially sponsored by an organiza16 tion, business, or other entity that is not part of the 

17 United States Government, a foreign government, or 

18 a multilateral institution. 

19 (b) NOTIFICATION REQUIREMENT.—Not later than 

20 15 days before officials attend a private event held outside 

21 the United States involving the participation of an indi22 vidual or entity on the Specially Designated Nationals and 

23 Blocked Persons List maintained by the Office of Foreign 

24 Assets Control, the Secretary or the Administrator of the 

25 United States Agency for International Development shall 


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1 submit a notification to the appropriate congressional 

2 committees that includes— 

3 (1) the name, position, and relevant department 

4 or agency of such officials; 

5 (2) the name, organizers, and dates of the pri6 vate event; 

7 (3) the names of all specially designated nation8 als who will be attending the private event; and 

9 (4) a certification and associated justification 

10 that the participation of the officials in a private 

11 event alongside specially designated nationals is in 

12 the national interest of the United States. 

13 (c) LIMITATION ON USE OF FUNDS.—No Federal 

14 funds may be used to support any private event held out15 side the United States that— 

16 (1) promotes commercial engagement, including 

17 with the United States private sector; and 

18 (2) includes the participation of specially des19 ignated nationals or blocked persons. 


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1 SEC. 116. DETERMINATION WITH RESPECT TO IMPOSITION 

2 OF SANCTIONS WITH RESPECT TO UNITED 

3 FRONT WORK DEPARTMENT OF CHINESE 

4 COMMUNIST PARTY. 

5 (a) APPROPRIATE COMMITTEES OF CONGRESS.—In 

6 this section, the term ‘‘appropriate committees of Con7 gress’’ means— 

8 (1) the Committee on Armed Services of the 

9 Senate; 

10 (2) the Committee on Foreign Relations of the 

11 Senate; 

12 (3) the Select Committee on Intelligence of the 

13 Senate; 

14 (4) the Committee on Banking, Housing, and 

15 Urban Affairs of the Senate; 

16 (5) the Committee on the Judiciary of the Sen17 ate; 

18 (6) the Committee on Armed Services of the 

19 House of Representatives; 

20 (7) the Committee on Foreign Affairs of the 

21 House of Representatives; 

22 (8) the Permanent Select Committee on Intel23 ligence of the House of Representatives; 

24 (9) the Committee on Financial Services of the 

25 House of Representatives; and 


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1 (10) the Committee on the Judiciary of the 

2 House of Representatives. 

3 (b) DETERMINATION.— 

4 (1) IN GENERAL.—Not later than 90 days after 

5 the date of the enactment of this Act, the Secretary 

6 shall submit to the appropriate committees of Con7 gress a determination, including a detailed justifica8 tion, of whether the United Front Work Department 

9 of the Chinese Communist Party, or any component 

10 or official of such Department, meets the criteria for 

11 the application of sanctions pursuant to— 

12 (A) section 1263 of the Global Magnitsky 

13 Human Rights Accountability Act (22 U.S.C. 

14 10102); 

15 (B) section 6 of the Uyghur Human 

16 Rights Policy Act of 2020 (Public Law 116– 

17 145; 22 U.S.C. 6901 note); 

18 (C) section 7 of the Hong Kong Human 

19 Rights and Democracy Act of 2019 (Public 

20 Law 116–76); 

21 (D) Executive Order 13694 (50 U.S.C. 

22 1701 note; relating to blocking property of cer23 tain persons engaged in significant malicious 

24 cyber-enabled activities); or 


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1 (E) Executive Order 13848 (50 U.S.C. 

2 1701 et seq.; relating to foreign interference in 

3 United States elections). 

4 (2) FORM.—The determination required under 

5 paragraph (1) shall be submitted in unclassified 

6 form, but may contain a classified annex. 

7 SEC. 117. DEPARTMENT OF STATE LIST OF FOREIGN TAL8 ENT RECRUITMENT PROGRAMS OF THE PRC. 

9 (a) IN GENERAL.—Not later than 180 days after the 

10 date of the enactment of this Act, the Secretary, in con11 sultation with the Attorney General, the Secretary of De12 fense, and the Director of National Intelligence, shall com13 pile and publish in the Federal Register a list of foreign 

14 talent recruitment programs of the People’s Republic of 

15 China. 

16 (b) ANNUAL REVIEW AND REVISION.—Not less fre17 quently than annually, the Secretary shall— 

18 (1) review and revise the list compiled pursuant 

19 to subsection (a); and 

20 (2) publish such revised list in the Federal Reg21 ister. 

22 SEC. 118. OVERSIGHT ON CLIMATE COOPERATION WITH 

23 THE PRC. 

24 (a) REPORT ON CLIMATE COOPERATION WITH THE

25 PRC.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of the enactment of this Act, and every 90 

3 days thereafter, the Secretary shall submit a report 

4 to the appropriate congressional committees that de5 scribes United States climate-related engagements 

6 with the PRC, including— 

7 (A) all dialogues, working groups, and bi8 lateral or multilateral climate-related engage9 ments with the PRC; 

10 (B) all United States and PRC entities 

11 participating in collaborative projects on cli12 mate-related issues resulting from United 

13 States climate-related diplomatic engagements, 

14 agreements, or initiatives with the PRC; 

15 (C) all joint economic projects related to 

16 United States-PRC diplomatic engagements, 

17 agreements, or initiatives related to climate; 

18 and 

19 (D) all subnational climate-related diplo20 macy facilitated by the United States Govern21 ment or resulting from United States-PRC cli22 mate-related diplomatic engagements, agree23 ments, or initiatives, including— 

24 (i) the United States, States, local 

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1 tions, think tanks, commercial entities, or 

2 other organizations participating in such 

3 initiatives; and 

4 (ii) PRC national or provincial gov5 ernment entities, academic or research in6 stitutions, think tanks, commercial entities, 

7 or other organizations participating in 

8 such initiatives. 

9 (2) FORM OF REPORT.—The report required 

10 under paragraph (1) shall be submitted in unclassi11 fied form. 

12 (b) PROHIBITION ON CLIMATE-RELATED EXEMP13 TIONS FROM APPLICATION OF UNITED STATES SANC14 TIONS, EXPORT CONTROLS, FARA REGISTRATION, AND

15 OTHER REGULATIONS AND STATUES.—Notwithstanding 

16 any other provision of law, climate-related engagement 

17 may not, on its own, form the basis of any decision to 

18 grant an exemption, approval, allowance, or exception 

19 from— 

20 (1) any statutory or regulatory actions or re21 quirements related to sanctions, export controls, for22 eign agent registration or lobbying disclosure re23 quirements; or 

24 (2) any other United States statutory and regu25 latory requirements pertaining to the PRC. 


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1 SEC. 119. RESTRICTION ON ISSUANCE OF VISAS. 

2 (a) RESTRICTIONS FOR SENIOR PRC OFFICIALS AND

3 MEMBERS OF THE PEOPLE’S LIBERATION ARMY.—The 

4 Secretary may not issue a visa to, and the Secretary of 

5 Homeland Security shall deny entry to, the United States 

6 of— 

7 (1) senior officials of the Chinese Communist 

8 Party, including the Politburo, the Central Com9 mittee, and delegates to the 19th National Congress 

10 of the Chinese Communist Party; 

11 (2) spouses and children of any senior official 

12 described in paragraph (1); 

13 (3) members of the cabinet of the Government 

14 of the People’s Republic of China; 

15 (4) active duty members of the People’s Libera16 tion Army of China; or 

17 (5) applicants from PRC universities that have 

18 a Memorandum of Understanding (referred to in 

19 this paragraph as ‘‘MOU’’) or other research or aca20 demic exchange agreement with a United States in21 stitution of higher education, and are seeking to 

22 study or work in the United States pursuant to such 

23 an agreement, unless— 

24 (A) the United States university has sub25 mitted such MOU or similar agreement for a 


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1 security review by the Secretary of State and 

2 other relevant Federal agencies; and 

3 (B) the Secretary of State, in coordination 

4 with other relevant agencies, has determined 

5 such MOU or similar agreement— 

6 (i) has sufficient safeguards against 

7 illicit knowledge and technology transfer to 

8 the PRC; and 

9 (ii) does not facilitate foreign malign 

10 influence. 

11 (b) APPLICABILITY.—The restriction under sub12 section (a) shall not apply during any fiscal year in which 

13 the Director of National Intelligence certifies to the Com14 mittee on the Judiciary of the Senate and the Committee 

15 on the Judiciary of the House of Representatives that the 

16 Government of the PRC has ceased sponsoring, funding, 

17 facilitating, and actively working to support efforts to in18 fringe on the intellectual property rights of citizens and 

19 companies of the United States. 


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1 SEC. 120. MODIFYING INFORMATION ABOUT COUNTRIES 

2 EXPORTING METHAMPHETAMINE INCLUDED 

3 IN THE ANNUAL INTERNATIONAL NARCOTICS 

4 CONTROL STRATEGY REPORT. 

5 (a) INTERNATIONAL NARCOTICS CONTROL STRAT6 EGY REPORT.—Section 489(a) of the Foreign Assistance 

7 Act of 1961 (22 U.S.C. 2291h(a)) is amended— 

8 (1) in the matter preceding paragraph (1), by 

9 striking ‘‘March 1’’ and inserting ‘‘June 1’’; and 

10 (2) in paragraph (8)(A)(i), by striking 

11 ‘‘pseudoephedrine’’ and all that follows through 

12 ‘‘chemicals)’’ and inserting ‘‘chemical precursors 

13 used in the production of methamphetamine that 

14 significantly affected the United States’’. 

15 (b) STUDY AND REPORT ON BILATERAL EFFORTS

16 TO ADDRESS CHINESE FENTANYL TRAFFICKING.— 

17 (1) DEFINITIONS.—In this subsection: 

18 (A) APPROPRIATE COMMITTEES OF CON19 GRESS.—The term ‘‘appropriate committees of 

20 Congress’’ means— 

21 (i) the Committee on the Judiciary of 

22 the Senate; 

23 (ii) the Committee on Foreign Rela24 tions of the Senate; 

25 (iii) the Committee on the Judiciary 

26 of the House of Representatives; and 


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1 (iv) the Committee on Foreign Affairs 

2 of the House of Representatives. 

3 (B) CHINA.—The term ‘‘China’’ means the 

4 People’s Republic of China. 

5 (C) DEA.—The term ‘‘DEA’’ means the 

6 Drug Enforcement Administration. 

7 (2) CHINA’S CLASS SCHEDULING OF FENTANYL

8 AND SYNTHETIC OPIOID PRECURSORS.—Not later 

9 than 180 days after the date of the enactment of 

10 this Act, the Secretary and the Attorney General 

11 shall jointly submit to the appropriate committees of 

12 Congress an unclassified written report, with a clas13 sified annex, that includes— 

14 (A) a description of United States Govern15 ment efforts to gain a commitment from the 

16 Government of China to submit unregulated 

17 fentanyl precursors, such as 4–Aminopyridine, 

18 to controls; 

19 (B) a plan for future steps the United 

20 States Government will take to urge the Gov21 ernment of China to combat illicit fentanyl pro22 duction and trafficking originating in China; 

23 (C) a detailed description of cooperation by 

24 the Government of China to address the role of 

25 the Chinese financial system and Chinese 


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1 money laundering organizations in the traf2 ficking of fentanyl and synthetic opioid precur3 sors; 

4 (D) an assessment of expected impact that 

5 the designation of principal corporate officers of 

6 Chinese financial institutions for facilitating 

7 narcotics-related money laundering would have 

8 on Chinese money laundering organizations; 

9 and 

10 (E) an assessment of whether the Tri11 lateral Fentanyl Committee, which was estab12 lished by the United States, Canada, and Mex13 ico during the January 2023 North American 

14 Leaders’ Summit, is improving cooperation with 

15 law enforcement and financial regulators in 

16 Canada and Mexico to combat the role of Chi17 nese financial institutions and Chinese money 

18 laundering organizations in narcotics traf19 ficking. 

20 (3) ESTABLISHMENT OF DEA OFFICES IN

21 CHINA.—Not later than 180 days after the date of 

22 the enactment of this Act, the Secretary and the At23 torney General shall jointly provide to the appro24 priate committees of Congress a classified briefing 

25 regarding— 


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1 (A) outreach and negotiations that have 

2 been undertaken by the United States Govern3 ment with the Government of China aimed at 

4 securing the approval of the Government of 

5 China to establish United States Drug Enforce6 ment Administration offices in Shanghai and 

7 Guangzhou, China; and 

8 (B) additional efforts that have been un9 dertaken to establish new partnerships with 

10 provincial-level authorities in China to counter 

11 the illicit trafficking of fentanyl, fentanyl ana12 logues, and their precursors. 

13 (c) PRIORITIZATION OF IDENTIFICATION OF PER14 SONS FROM THE PEOPLE’S REPUBLIC OF CHINA.—Sec15 tion 7211 of the Fentanyl Sanctions Act (21 U.S.C. 2311) 

16 is amended— 

17 (1) in subsection (a)— 

18 (A) by redesignating paragraphs (3) and 

19 (4) as paragraphs (4) and (5), respectively; and 

20 (B) by inserting after paragraph (2) the 

21 following: 

22 ‘‘(3) PRIORITIZATION.— 

23 ‘‘(A) DEFINED TERM.—In this paragraph, 

24 the term ‘person of the Peoples Republic of 

25 China’ means— 


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1 ‘‘(i) an individual who is a citizen or 

2 national of the People’s Republic of China; 

3 or 

4 ‘‘(ii) an entity organized under the 

5 laws of the People’s Republic of China or 

6 otherwise subject to the jurisdiction of the 

7 Government of the People’s Republic of 

8 China. 

9 ‘‘(B) IN GENERAL.—In preparing the re10 port required under paragraph (1), the Presi11 dent shall prioritize, to the greatest extent prac12 ticable, the identification of persons of the Peo13 ple’s Republic of China involved in the shipment 

14 of fentanyl, fentanyl analogues, fentanyl precur15 sors, precursors for fentanyl analogues, pre-pre16 cursors for fentanyl and fentanyl analogues, 

17 and equipment for the manufacturing of 

18 fentanyl and fentanyl-laced counterfeit pills to 

19 Mexico or any other country that is involved in 

20 the production of fentanyl trafficked into the 

21 United States, including— 

22 ‘‘(i) any entity involved in the produc23 tion of pharmaceuticals; and 

24 ‘‘(ii) any person that is acting on be25 half of any such entity. 


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1 ‘‘(C) TERMINATION OF PRIORITIZATION.— 

2 The President shall continue the prioritization 

3 required under subparagraph (B) until the 

4 President certifies to the appropriate congres5 sional committees that the People’s Republic of 

6 China is no longer the primary source for the 

7 shipment of fentanyl, fentanyl analogues, 

8 fentanyl precursors, precursors for fentanyl 

9 analogues, pre-precursors for fentanyl and 

10 fentanyl analogues, and equipment for the man11 ufacturing of fentanyl and fentanyl-laced coun12 terfeit pills to Mexico or any other country that 

13 is involved in the production of fentanyl traf14 ficked into the United States.’’; and 

15 (2) in subsection (c), by striking ‘‘the date that 

16 is 5 years after such date of enactment’’ and insert17 ing ‘‘December 31, 2030’’. 

18 (d) EXPANSION OF SANCTIONS UNDER THE

19 FENTANYL SANCTIONS ACT.—Section 7212 of the 

20 Fentanyl Sanctions Act (21 U.S.C. 2312) is amended— 

21 (1) in paragraph (1), by striking ‘‘or’’ at the 

22 end; 

23 (2) in paragraph (2), by striking the period at 

24 the end and inserting a semicolon; and 

25 (3) by adding at the end the following: 


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1 ‘‘(3) the President determines has knowingly 

2 engaged in, or attempted to engage in, an activity or 

3 transaction that has materially contributed to opioid 

4 trafficking; or 

5 ‘‘(4) the President determines— 

6 ‘‘(A) has received any property or interest 

7 in property that the foreign person knows— 

8 ‘‘(i) constitutes or is derived from the 

9 proceeds of an activity or transaction de10 scribed in paragraph (1); or 

11 ‘‘(ii) was used or intended to be used 

12 to commit or to facilitate such an activity 

13 or transaction; 

14 ‘‘(B) has knowingly provided, or attempted 

15 to provide, financial, material, or technological 

16 support for, including through the provision of 

17 goods or services in support of— 

18 ‘‘(i) any activity or transaction de19 scribed in paragraph (1); or 

20 ‘‘(ii) any foreign person described in 

21 paragraph (1); or 

22 ‘‘(C) is or has been owned, controlled, or 

23 directed by any foreign person described in 

24 paragraph (1) or subparagraph (A) or (B), or 

25 has knowingly acted or purported to act for or 


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1 on behalf of, directly or indirectly, such a for2 eign person.’’. 

3 (e) IMPOSITION OF SANCTIONS WITH RESPECT TO

4 AGENCIES OR INSTRUMENTALITIES OF FOREIGN

5 STATES.—The President shall— 

6 (1) impose one or more of the sanctions de7 scribed in section 7213 of the Fentanyl Sanctions 

8 Act (21 U.S.C. 2313) with respect to each agency or 

9 instrumentality of a foreign state (as defined in sec10 tion 1603(b) of title 28, United States Code) that 

11 the President determines— 

12 (A) has engaged in, or attempted to en13 gage in, an activity or transaction that has ma14 terially contributed to opioid trafficking; or 

15 (B) has provided, or attempted to provide, 

16 financial, material, or technological support for, 

17 (including through the provision of goods or 

18 services in support of) any activity or trans19 action described in subparagraph (A); or 

20 (2) impose the sanction described in section 

21 7213(a)(6) of the Fentanyl Sanctions Act (21 

22 U.S.C. 2313(a)(6)) on each foreign person the Presi23 dent determines— 


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1 (A) is a senior official of an agency or in2 strumentality of a foreign state described in 

3 paragraph (1); or 

4 (B) is or has been owned, controlled, or di5 rected by an agency or instrumentality of a for6 eign state described in paragraph (1), or has 

7 knowingly acted or purported to act for or on 

8 behalf of, directly or indirectly, such a foreign 

9 state. 

10 SEC. 121. REPORT ON VIOLATIONS OF AMERICAN DIPLO11 MATIC CORPS PRIVILEGES AND IMMUNITIES. 

12 Not later than 180 days after the date of the enact13 ment of this Act, and annually thereafter for the following 

14 5 years, the Secretary shall submit a report to the appro15 priate congressional committees that includes— 

16 (1) a detailed description of each case when 

17 United States diplomats had their privileges and im18 munities (as set forth in the Convention on Diplo19 matic Relations, done at Vienna April 18, 1961) 

20 were violated while serving in the PRC; and 

21 (2) a review of efforts undertaken by the De22 partment of State to mitigate or otherwise respond 

23 to such violations of United States diplomats’ privi24 leges and immunities. 


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1 SEC. 122. ANNUAL REPORT ON THE PRC’S DIPLOMATIC MIS2 SION ENGAGEMENTS. 

3 (a) IN GENERAL.—Not later than March 1, 2024, 

4 and annually thereafter, the Secretary shall submit a re5 port to the appropriate congressional committees that de6 tails all official meetings, conferences, events, activities, or 

7 travel within the United States organized or participated 

8 in by PRC diplomatic missions in the United States that 

9 were approved by or notified to the Office of Foreign Mis10 sions. 

11 (b) ELEMENTS.—The report required under sub12 section (a) shall include— 

13 (1) the date, time, and location of the engage14 ment; 

15 (2) the purpose and nature of the engagement, 

16 including any official meetings, conferences, events, 

17 or activities organized or participated in by the PRC 

18 diplomatic missions; 

19 (3) the format of the engagement, including in20 person, on-site, virtually, or any other format that 

21 was approved by or notified to the Office of Foreign 

22 Missions; 

23 (4) the identities and official positions of all in24 dividuals involved in the engagement, including 

25 members of the PRC diplomatic missions and host 

26 organizations; 


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1 (5) a detailed description of the topics, matters, 

2 or issues discussed or addressed during the engage3 ment; 

4 (6) any agreements, arrangements, or memo5 randa of understanding reached during the engage6 ment; 

7 (7) any security or legal concerns raised or ad8 dressed as a result of the engagement; 

9 (8) a summary of the Department of State’s 

10 evaluation of the potential impact of the engagement 

11 on United States national security, foreign policy, 

12 and economic interests; 

13 (9) any actions or measures taken by the De14 partment of State to address concerns or mitigate 

15 risks related to the engagement; and 

16 (10) any other relevant information deemed 

17 necessary by the Secretary. 

18 (c) FORM.—The report required under subsection (a) 

19 may be submitted in classified or unclassified form. 

20 SEC. 123. RESTRICTIONS ON FOREIGN MISSIONS OF THE 

21 PRC IN ELEMENTARY AND SECONDARY 

22 SCHOOLS IN THE UNITED STATES. 

23 (a) DEFINITIONS.—In this section: 

24 (1) COVERED SCHOOL.—The term ‘‘covered 

25 school’’ means a public or private elementary school 


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1 or secondary school in the United States that re2 ceives Federal funds. 

3 (2) ELEMENTARY SCHOOL; SECONDARY

4 SCHOOL.—The terms ‘‘elementary school’’ and ‘‘sec5 ondary school’’ have the meanings given such terms 

6 in section 8101 of the Elementary and Secondary 

7 Education Act of 1965 (20 U.S.C. 7801). 

8 (b) IN GENERAL.—A foreign mission of the PRC in 

9 the United States may not engage in any activity de10 scribed in subsection (c) with a covered school unless 

11 United States missions in the PRC have comparable ac12 cess to educational institutions in the PRC. 

13 (c) ACTIVITIES DESCRIBED.—Activities described in 

14 this subsection are— 

15 (1) providing financial support to a covered 

16 school; 

17 (2) offering educational materials, textbooks, or 

18 curriculum resources to a covered school; 

19 (3) organizing a seminar, lecture, or other event 

20 at a covered school; 

21 (4) conducting political propaganda or pro22 moting the interests of the Chinese Communist 

23 Party, the Government of the PRC, or affiliated 

24 groups in any form at a covered school; 


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1 (5) establishing or funding a Confucius Insti2 tute or similar language or cultural entity at a cov3 ered school; 

4 (6) coordinating a visit or exchange of students, 

5 teachers, or administrators of a covered school to the 

6 PRC or with the Government of the PRC or entities 

7 or members of the Chinese Communist Party; and 

8 (7) any other activity that may compromise the 

9 academic independence and objectivity of elementary 

10 and secondary school education in the United States. 

11 (d) ENFORCEMENT.— 

12 (1) REPORTING.—Any covered school that dis13 covers any attempt by a foreign mission of the PRC 

14 to engage in an activity described in subsection (c) 

15 at the covered school shall immediately report such 

16 attempt to the Department of State and the Federal 

17 Bureau of Investigation. 

18 (2) SANCTIONS.— 

19 (A) IN GENERAL.—The Secretary, in co20 ordination with the heads of relevant Federal 

21 agencies, may impose appropriate sanctions, in22 cluding the sanctions described in subparagraph 

23 (B), with respect to any foreign mission of the 

24 PRC that has engaged in an activity described 

25 in subsection (c) with a covered school. 


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1 (B) SANCTIONS DESCRIBED.—The sanc2 tions described in this paragraph— 

3 (i) diplomatic protests; 

4 (ii) restrictions on the travel and ac5 tivities of diplomatic personnel of the PRC; 

6 (iii) revocation or restriction of diplo7 matic privileges and immunities for such 

8 personnel; 

9 (iv) expulsion of such personnel; and 

10 (v) any other measures that the Sec11 retary deems necessary to protect the aca12 demic independence and objectivity of ele13 mentary and secondary school education in 

14 the United States. 

15 (e) CONGRESSIONAL OVERSIGHT.—Not later than 14 

16 days after any attempt by a foreign mission of the PRC 

17 to engage in an activity described in subsection (c), the 

18 Secretary shall submit a report describing such attempted 

19 engagement to the appropriate congressional committees, 

20 the Select Committee on Intelligence of the Senate, and 

21 the Permanent Select Committee on Intelligence of the 

22 House of Representatives. 


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1 SEC. 124. OFFICE OF THE SPECIAL ENVOY FOR CRITICAL 

2 AND EMERGING TECHNOLOGY. 

3 (a) DEFINED TERM.—In this section, the term ‘‘crit4 ical and emerging technologies’’ means the technologies 

5 listed on the critical and emerging technologies list pub6 lished by the National Science and Technology Council at 

7 the Office of Science and Technology Policy, as amended 

8 by subsequent updates to such list. 

9 (b) ESTABLISHMENT.—The Secretary shall establish 

10 an Office of the Special Envoy for Critical and Emerging 

11 Technology (referred to in this section as the ‘‘Office’’), 

12 which shall be located within the Bureau of Cyberspace 

13 and Digital Policy. 

14 (c) LEADERSHIP.—The Office shall be headed by a 

15 Special Envoy for Critical and Emerging Technology (re16 ferred to in this section as the ‘‘Special Envoy’’), who 

17 shall— 

18 (1) be appointed by the President, by and with 

19 the advice and consent of the Senate; 

20 (2) have the rank and status of ambassador; 

21 and 

22 (3) report to the Ambassador at Large for 

23 Cyberspace and Digital Policy. 

24 (d) MEMBERSHIP.—The Office may include rep25 resentatives, or expert detailees from key Federal agencies 

26 or research and technology-focused fellowship programs, 


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1 as determined by the Special Envoy and with the consent 

2 of the Ambassador-at-Large for Cyberspace and Digital 

3 Policy, in coordination with appropriate senior officials of 

4 such agencies. 

5 (e) FUNCTIONS.—The Office shall— 

6 (1) establish, in coordination with relevant bu7 reaus, offices, and other Federal agencies, an inter8 agency security review process for proposals regard9 ing United States Government-funded international 

10 collaboration on critical and emerging technologies 

11 and associated research; 

12 (2) establish and coordinate an interagency 

13 strategy to facilitate international cooperation with 

14 United States allies and partners regarding the de15 velopment, use, and deployment of critical and 

16 emerging technologies and associated standards and 

17 safeguards for research security, intellectual prop18 erty protection, and illicit knowledge transfer; 

19 (3) facilitate technology partnerships, particu20 larly with countries and relevant political and eco21 nomic unions that are committed to— 

22 (A) the rule of law and respect for human 

23 rights, including freedom of speech and expres24 sion; 


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1 (B) the safe and responsible development 

2 and use of critical and emerging technologies 

3 and the establishment of related norms and 

4 standards, including for research security and 

5 the protection of sensitive data and technology; 

6 (C) a secure internet architecture governed 

7 by a multi-stakeholder model instead of central8 ized government control; 

9 (D) robust international cooperation to 

10 promote open and interoperable technological 

11 products and services that are necessary to 

12 freedom, innovation, transparency, and privacy; 

13 and 

14 (E) multilateral coordination, including 

15 through diplomatic initiatives, information shar16 ing, and other activities, to defend the prin17 ciples described in subparagraphs (A) through 

18 (D) against efforts by state and non-state ac19 tors to undermine them; 

20 (4) support efforts to harmonize technology 

21 governance regimes with partners by— 

22 (A) coordinating on basic and pre-competi23 tive research and development initiatives; and 


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1 (B) collaborating to pursue such opportu2 nities in certain critical and emerging tech3 nologies; 

4 (5) coordinate with other technology partners 

5 regarding export control policies for critical and 

6 emerging technologies by countering illicit knowledge 

7 and data transfer relating to critical and emerging 

8 technology research; 

9 (6) conduct diplomatic engagement, in coordi10 nation with other bureaus, offices, and relevant Fed11 eral departments and agencies, with allies and part12 ners to develop standards and coordinate policies de13 signed to counter illicit knowledge and data transfer 

14 in academia relating to critical and emerging tech15 nology research; 

16 (7) coordinate with allies, partners, and other 

17 relevant Federal agencies to prevent the exploitation 

18 of research partnerships related to critical and 

19 emerging technologies; 

20 (8) in coordination with the Bureau for Cyber21 space and Digital Policy’s Digital Freedom Unit, 

22 share information regarding— 

23 (A) the threat posed by the transfer of 

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1 tarian governments, including the PRC and the 

2 Russian Federation; and 

3 (B) the ways in which autocratic regimes 

4 are utilizing technology to erode individual free5 doms and other foundations of open, democratic 

6 societies; and 

7 (9) collaborate with private companies, trade 

8 associations, and think tanks to carry out the func9 tions described in paragraphs (1) through (8). 

10 (f) REPORT.—Not later than 1 year after the date 

11 of the enactment of this Act, and annually thereafter for 

12 the following 5 years, the Secretary, in coordination with 

13 the Director of National Intelligence and other relevant 

14 Federal agencies, as appropriate, shall submit to the ap15 propriate congressional committees an unclassified report, 

16 with a classified index, if necessary, regarding— 

17 (1) the activities of the Office described in sub18 section (e), including— 

19 (A) any cooperative initiatives and partner20 ships pursued with United States allies and 

21 partners; and 

22 (B) the results of such activities, initia23 tives, and partnerships; and 

24 (2) the activities of the Government of the 

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1 sian Federation in sectors related to certain critical 

2 and emerging technologies and the threats they pose 

3 to the United States; and 

4 (3) an inventory of all international research 

5 and development programs for critical and emerging 

6 technologies funded by the United States Govern7 ment that include participation by institutions or or8 ganizations that are affiliated with or receive sup9 port from the Government of the PRC or the Gov10 ernment of the Russian Federation. 

11 SEC. 125. ENHANCED CONGRESSIONAL NOTIFICATION RE12 GARDING SCIENCE AND TECHNOLOGY 

13 AGREEMENTS WITH THE PRC. 

14 (a) NOTIFICATION REQUIRED.—Title I of the State 

15 Department Basic Authorities Act of 1956 (22 U.S.C. 

16 2651a et seq.) is amended by adding at the end the fol17 lowing: 

18 ‘‘SEC. 65. CONGRESSIONAL NOTIFICATION REGARDING 

19 SCIENCE AND TECHNOLOGY AGREEMENTS 

20 WITH THE PEOPLE’S REPUBLIC OF CHINA. 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘appropriate congressional com24 mittees’ means— 


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1 ‘‘(A) the Committee on Foreign Relations 

2 of the Senate; and 

3 ‘‘(B) the Committee on Foreign Affairs of 

4 the House of Representatives. 

5 ‘‘(2) SCIENCE AND TECHNOLOGY AGREE6 MENT.—The term ‘science and technology agree7 ment’ means any treaty, memorandum of under8 standing, or other contract or agreement between 

9 the United States and 1 or more foreign countries 

10 for the purpose of— 

11 ‘‘(A) collaborating on or otherwise engag12 ing in joint activities relating to scientific re13 search, technological development; or 

14 ‘‘(B) sharing scientific or technical knowl15 edge or resources between such countries. 

16 ‘‘(b) NOTIFICATION REQUIRED.—The Secretary of 

17 State may not enter into, renew, or extend any science 

18 and technology agreement with the People’s Republic of 

19 China unless— 

20 ‘‘(1) the Secretary submits to the appropriate 

21 congressional committees a notification containing 

22 each of the matters described in subsection (c); and 

23 ‘‘(2) a period of not less than 30 days has 

24 elapsed following such submission. 


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1 ‘‘(c) MATTERS DESCRIBED.—The matters described 

2 in this subsection are, with respect to the science and tech3 nology agreement for which a notification is submitted— 

4 ‘‘(1) a written notice of such agreement, includ5 ing the full text of such agreement; 

6 ‘‘(2) a detailed justification for such agreement, 

7 including an explanation for why such agreement is 

8 in the national security interests of the United 

9 States; 

10 ‘‘(3) an assessment of the risks and potential 

11 effects of such agreement, including any potential 

12 for the transfer under such agreement of technology 

13 or intellectual property capable of harming the na14 tional security interests of the United States; 

15 ‘‘(4) a detailed justification for how the Sec16 retary of State intends to address human rights con17 cerns in any scientific and technology collaboration 

18 proposed to be conducted under such agreement; 

19 ‘‘(5) an assessment of the extent to which the 

20 Secretary will be able to continuously monitor the 

21 commitments made by the People’s Republic of 

22 China under such agreement; and 

23 ‘‘(6) such other information relating to such 

24 agreement as the Secretary may be determine appro25 priate.’’. 


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1 (b) APPLICABILITY.— 

2 (1) DEFINITIONS.—In this subsection, the 

3 terms ‘‘appropriate congressional committees’’ and 

4 ‘‘science and technology agreement’’ have the mean5 ings given such terms in section 65(a) of the State 

6 Department Basic Authorities Act of 1956, as added 

7 by subsection (a),. 

8 (2) IN GENERAL.—The requirements under sec9 tion 65 of such Act shall apply with respect to 

10 science and technology agreements entered into, re11 newed, or extended on or after the date of the enact12 ment of this Act. 

13 (3) EXISTING AGREEMENTS.—Any science and 

14 technology agreement between the Secretary of State 

15 and the PRC in effect as of the date of the enact16 ment of this Act shall be revoked unless, not later 

17 than 60 days after the date of the enactment of this 

18 Act, the Secretary submits to the appropriate con19 gressional committees a notification of such agree20 ment containing each of the matters described in 

21 section 65(c) of such Act. 


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1 TITLE II—ADVANCING UNITED 

2 STATES AND PARTNER ECO3 NOMIC PROSPERITY 

4 SEC. 201. DEFINED TERM. 

5 In this title, the term ‘‘strategic infrastructure’’ 

6 means infrastructure for which a primary driver of the 

7 United States national interest in such infrastructure is— 

8 (1) to advance the national security or economic 

9 security interests of the United States or of the 

10 country in which such infrastructure is located; or 

11 (2) to deny foreign adversaries of the United 

12 States ownership or control over such infrastructure. 

13 SEC. 202. AUTHORIZATION OF PARTNERSHIP FOR GLOBAL 

14 INFRASTRUCTURE AND INVESTMENT. 

15 (a) IN GENERAL.—The Partnership for Global Infra16 structure and Investment is authorized to deploy United 

17 States public and private sector capital and expertise for 

18 the purpose of mobilizing foreign public and private sector 

19 capital and expertise— 

20 (1) to help identify and meet the strategic in21 frastructure needs of countries that are allies and 

22 partners of the United States; and 

23 (2) to provide allies and partners of the United 

24 States with mutually beneficial strategic infrastruc25 ture investment solutions that are alternatives to exVerDate Sep 11 2014 18:55 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S5131.IS S5131

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1 ploitative, coercive, or harmful foreign infrastructure 

2 investments. 

3 (b) PRIORITIZATION.—In evaluating proposals for 

4 strategic infrastructure projects funded through the Part5 nership for Global Infrastructure and Investment, the Sec6 retary shall prioritize— 

7 (1) projects that have the highest strategic 

8 value to the United States; and 

9 (2) projects involving— 

10 (A) strategic transport infrastructure, in11 cluding ports, airports, intermodal transfer fa12 cilities, railroads, and highways; 

13 (B) energy infrastructure, technology, and 

14 supply chains, critical minerals, and related 

15 areas that align with the officially conveyed en16 ergy needs of partner countries and with the 

17 objective of maximizing such countries’ energy 

18 access, energy security, energy transition and 

19 modernization, and resilience needs; 

20 (C) secure information and communica21 tions technology systems, networks and infra22 structure to strengthen the potential for eco23 nomic growth and facilitate open digital soci24 eties; and 


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1 (D) global health security, including infra2 structure projects that increase the availability, 

3 accessibility, and affordability of health care in 

4 partner countries. 

5 (c) STANDARDS.—In carrying out the purposes de6 scribed in subsection (a), the Secretary shall adhere to 

7 standards for transparent and high-quality infrastructure 

8 investment and ensure projects include opportunities to 

9 advance economic growth priorities in the partner country 

10 and support good governance and the rule of law. The 

11 Partnership for Global Infrastructure and Investment may 

12 only use environmental, social, or governance standards, 

13 including as criteria for project selection, which are con14 sistent with United States law or international agreements 

15 that have been approved by Congress. 

16 (d) PROJECTS IN HIGH INCOME COUNTRIES.—Sup17 port under the Partnership for Global Infrastructure and 

18 Investment may not be provided in countries with high19 income economies (as defined by the World Bank) unless 

20 the President certifies to the appropriate congressional 

21 committees that such support— 

22 (1) is necessary to preempt or counter efforts 

23 by a strategic competitor of the United States to se24 cure significant political or economic leverage or ac25 quire national security-sensitive technologies or inVerDate Sep 11 2014 18:55 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S5131.IS S5131

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1 frastructure in a country that is an ally or partner 

2 of the United States; and 

3 (2) includes cost-sharing arrangements with 

4 partner countries to ensure effective burden-sharing 

5 and long-term sustainability, including through the 

6 involvement of private sector investments. 

7 (e) LIMITATION.—The Secretary may not exclude or 

8 otherwise limit the provision of funds that would otherwise 

9 have been available under the Foreign Assistance Act of 

10 1961 (22 U.S.C. 2151 et seq.) to support natural gas and 

11 civil nuclear energy projects, including market develop12 ment, infrastructure, technology, or technical assistance, 

13 solely on the basis that such projects result in new carbon 

14 emissions or associated infrastructure. 

15 (f) REPORT.—Not later than 180 days after the date 

16 of the enactment of this Act, and annually thereafter for 

17 the following 2 years, the Secretary shall submit a report 

18 to the appropriate congressional committees that— 

19 (1) identifies all infrastructure projects sup20 ported by the Partnership for Global Infrastructure 

21 and Investment; 

22 (2) describes how the Partnership for Global 

23 Infrastructure and Investment supported each 

24 project; 


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1 (3) explains why each project was chosen and 

2 how each project advances the purposes of the Part3 nership for Global Infrastructure and Investment 

4 and the priorities described in subsection (b); 

5 (4) describes how the Partnership for Global 

6 Infrastructure and Investment cooperates with other 

7 entities in the United States Government that sup8 port infrastructure, including deconfliction of efforts; 

9 and 

10 (5) describes the estimated timeline for comple11 tion of the projects supported by the Partnership for 

12 Global Infrastructure and Investment. 

13 (g) QUALIFYING NONBINDING INSTRUMENTS.—Any 

14 memorandum of understanding or other non-binding in15 strument for projects supported by the Partnership for 

16 Global Infrastructure and Investment shall be considered 

17 a qualifying non-binding instrument for purposes of sec18 tion 112b of title 1, United States Code. 

19 SEC. 203. GLOBAL STRATEGIC INFRASTRUCTURE INVEST20 MENT FUND. 

21 (a) ESTABLISHMENT.—There is established in the 

22 Treasury of the United States a fund, which shall be 

23 known as the ‘‘Strategic Infrastructure Investment Fund’’ 

24 (referred to in this section as the ‘‘Fund’’), consisting of 


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1 such amounts as are deposited into the Fund pursuant 

2 to subsection (b). 

3 (b) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—There is authorized to be 

5 appropriated, for each of the fiscal years 2025 

6 through 2029, $75,000,000, which shall be deposited 

7 into the Fund for the purpose of providing assist8 ance, including through contributions, for strategic 

9 infrastructure projects globally in accordance with 

10 this section. 

11 (2) TRANSFERS.—Amounts in the Fund may be 

12 transferred to accounts within the Department of 

13 State, the United States Agency for International 

14 Development, the Export-Import Bank, the United 

15 States International Development Finance Corpora16 tion, the Millennium Challenge Corporation, and the 

17 United States Trade and Development Agency, as 

18 appropriate, to be used for the purpose described in 

19 paragraph (1). 

20 (3) CONSULTATION.—The Secretary shall con21 sult with the Administrator of the United States 

22 Agency for International Development regarding al23 locations from the Fund. 

24 (4) USE OF FUNDS.—Amounts transferred to 

25 the Export-Import Bank and the United States 


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1 International Development Finance Corporation may 

2 be made available for the costs of direct loans and 

3 loan guarantees (as defined in section 502(3) of the 

4 Congressional Budget Act of 1974 (2 U.S.C. 

5 661a(3)), including the cost of modifying such loans 

6 and loan guarantees. 

7 (5) NOTIFICATION.—Not later than 15 days be8 fore obligating funds appropriated pursuant to para9 graph (1), the Secretary shall submit a written noti10 fication to the Committee on Appropriations of the 

11 Senate, the Committee on Foreign Relations of the 

12 Senate, the Committee on Appropriations of the 

13 House of Representatives, and the Committee on 

14 Foreign Affairs of the House of Representatives that 

15 outlines the amount and proposed use of such funds. 

16 (c) PRIORITIZATION.—In evaluating proposals for 

17 strategic infrastructure projects receiving funding from 

18 the Fund, the Secretary shall prioritize— 

19 (1) projects that have the highest strategic 

20 value to the United States; and 

21 (2) projects involving— 

22 (A) strategic transport infrastructure, in23 cluding ports, airports, railroads, and highways; 

24 (B) energy infrastructure, technology, and 

25 supply chains, critical minerals, and related 


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1 areas that align with the officially conveyed en2 ergy needs of partner countries and with the 

3 objective of maximizing such countries’ energy 

4 access, energy security, energy transition, and 

5 resilience needs; 

6 (C) secure information and communica7 tions technology networks and infrastructure to 

8 strengthen the potential for economic growth 

9 and facilitate open digital societies; and 

10 (D) global health security, including 

11 through infrastructure projects that increase 

12 the availability, accessibility, and affordability 

13 of health care in partner countries. 

14 (d) STANDARDS.—In evaluating proposals for stra15 tegic infrastructure projects seeking funding from the 

16 Fund, the Secretary shall— 

17 (1) comply with standards for transparent and 

18 high-quality infrastructure investment; 

19 (2) ensure projects selected include opportuni20 ties— 

21 (A) to advance economic growth priorities 

22 in the partner country; and 

23 (B) to support good governance and the 

24 rule of law; and 


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1 (3) only use environmental, social, or govern2 ance standards, including as criteria for project se3 lection, which are consistent with United States law 

4 or international agreements that have been approved 

5 by Congress. 

6 (e) LIMITATION.—The Secretary may not exclude or 

7 otherwise limit the provision of funds that would otherwise 

8 have been available under the Foreign Assistance Act of 

9 1961 (22 U.S.C. 2151 et seq.) to support natural gas and 

10 civil nuclear energy projects, including market develop11 ment, infrastructure, technology, or technical assistance, 

12 solely on the basis that such projects result in new carbon 

13 emissions or associated infrastructure. 

14 (f) PROJECTS IN HIGH-INCOME COUNTRIES.— 

15 Amounts from the Fund may not be provided in countries 

16 with high-income economies (as defined by the World 

17 Bank) unless the President certifies to the appropriate 

18 congressional committees that such support— 

19 (1) is necessary to preempt or counter efforts 

20 by a strategic competitor of the United States to se21 cure significant political or economic leverage or ac22 quire national security-sensitive technologies or in23 frastructure in a country that is an ally or partner 

24 of the United States; and 


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1 (2) includes cost-sharing arrangements with 

2 partner countries to ensure effective burden-sharing 

3 and long-term sustainability. 

4 (g) QUALIFYING NON-BINDING INSTRUMENTS.—Any 

5 memorandum of understanding or other non-binding in6 strument for projects supported by the Fund shall be con7 sidered a qualifying non-binding instrument for purposes 

8 of section 112b of title 1, United States Code. 

9 SEC. 204. INFRASTRUCTURE TRANSACTION AND ASSIST10 ANCE NETWORK. 

11 (a) AUTHORITY.—The Secretary, in consultation with 

12 the Administrator of the United States Agency for Inter13 national Development, is authorized to establish an initia14 tive, to be known as the ‘‘Infrastructure Transaction and 

15 Assistance Network’’, under which the Secretary, in con16 sultation with other relevant Federal agencies, shall carry 

17 out various programs to advance the development of sus18 tainable, transparent, and quality infrastructure with 

19 higher standards in the Indo-Pacific region by— 

20 (1) strengthening capacity-building programs to 

21 improve project evaluation processes, regulatory and 

22 procurement environments, and project preparation 

23 capacity of countries that are partners of the United 

24 States in such development; 


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1 (2) providing transaction advisory services and 

2 project preparation assistance to support sustainable 

3 infrastructure; 

4 (3) coordinating the provision of United States 

5 assistance for the development of infrastructure, in6 cluding infrastructure that uses United States-man7 ufactured goods and services; and 

8 (4) catalyzing investment led by the private sec9 tor. 

10 (b) TRANSACTION ADVISORY FUND.—As part of the 

11 Infrastructure Transaction and Assistance Network estab12 lished pursuant to subsection (a), the Secretary is author13 ized to provide support, including through the Transaction 

14 Advisory Fund, for advisory services to help boost the ca15 pacity of partner countries to evaluate contracts and as16 sess the financial and environmental impacts of potential 

17 infrastructure projects, including through providing serv18 ices such as— 

19 (1) legal services; 

20 (2) project preparation and feasibility studies; 

21 (3) debt sustainability analyses; 

22 (4) bid or proposal evaluation; and 

23 (5) other services relevant to advancing the de24 velopment of sustainable, transparent, and high25 quality infrastructure. 


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1 (c) INDO-PACIFIC STRATEGIC INFRASTRUCTURE

2 FUND.— 

3 (1) IN GENERAL.—As part of the Infrastruc4 ture Transaction and Assistance Network estab5 lished pursuant to subsection (a), the Secretary is 

6 authorized to provide support, including through the 

7 Indo-Pacific Strategic Infrastructure Fund, for tech8 nical assistance, project preparation, pipeline devel9 opment, and other infrastructure project support. 

10 (2) JOINT STRATEGIC INFRASTRUCTURE

11 PROJECTS.—Funds made available for the Indo-Pa12 cific Strategic Infrastructure Fund should be used, 

13 in consultation with the Department of Defense, the 

14 United States International Development Finance 

15 Corporation, like-minded donor partners, and multi16 lateral banks, as appropriate, to support joint infra17 structure projects in the Indo-Pacific region. 

18 (3) STRATEGIC INFRASTRUCTURE PROJECTS.— 

19 Funds made available for the Indo-Pacific Strategic 

20 Infrastructure Fund should be used to support stra21 tegic infrastructure projects that are in the national 

22 security interest of the United States and vulnerable 

23 to strategic competitors. 

24 (d) REPORTS.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, and 

3 semiannually thereafter for the following 3 years, 

4 the President shall submit a report to the appro5 priate congressional committees that includes— 

6 (A) the identification of infrastructure 

7 projects, particularly in the transport, energy, 

8 and digital sectors, that the United States is 

9 currently supporting or is considering sup10 porting through financing, foreign assistance, 

11 technical assistance, or other means; 

12 (B) for each project identified pursuant to 

13 subparagraph (A)— 

14 (i) the sector of the project; and 

15 (ii) the recipient country of any such 

16 United States support; 

17 (C) a detailed explanation of the United 

18 States and partner country interests served by 

19 such United States support; 

20 (D) a detailed accounting of the authori21 ties and programs upon which the United 

22 States Government has relied in providing such 

23 support; and 


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1 (E) a detailed description of any support 

2 provided by United States allies and partners 

3 for such projects. 

4 (2) FORM.—Each report required under para5 graph (1) shall be submitted in unclassified form, 

6 but may include a classified annex. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Infrastructure Trans9 action and Assistance Network, for each of the fiscal years 

10 2025 through 2029, $75,000,000, of which— 

11 (1) $20,000,000 shall be made available for the 

12 Transaction Advisory Fund; and 

13 (2) not less than $55,000,000 shall be made 

14 available for the Indo-Pacific Strategic Infrastruc15 ture Fund. 

16 SEC. 205. REGULATORY EXCHANGES WITH ALLIES AND 

17 PARTNERS. 

18 (a) IN GENERAL.—The Secretary, in coordination 

19 with the heads of other participating executive branch 

20 agencies, shall establish and develop a program to facili21 tate and encourage regular dialogues between United 

22 States Government regulatory and technical agencies and 

23 their counterpart organizations in allied and partner coun24 tries, both bilaterally and in relevant multilateral institu25 tions and organizations— 


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1 (1) to promote best practices in regulatory for2 mation and implementation; 

3 (2) to collaborate to achieve optimal regulatory 

4 outcomes based on scientific, technical, and other 

5 relevant principles; 

6 (3) to seek better harmonization and alignment 

7 of regulations and regulatory practices; 

8 (4) to build consensus around industry and 

9 technical standards in emerging sectors that will 

10 drive future global economic growth and commerce; 

11 and 

12 (5) to promote United States standards regard13 ing environmental, labor, and other relevant protec14 tions in regulatory formation and implementation, in 

15 keeping with the values of free and open societies, 

16 including the rule of law. 

17 (b) PRIORITIZATION OF ACTIVITIES.—In facilitating 

18 expert exchanges pursuant to subsection (a), the Secretary 

19 shall prioritize— 

20 (1) bilateral coordination and collaboration with 

21 countries where greater regulatory coherence, har22 monization of standards, or communication and dia23 logue between technical agencies is achievable and 

24 best advances the economic and national security in25 terests of the United States; 


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1 (2) multilateral coordination and collaboration 

2 where greater regulatory coherence, harmonization 

3 of standards, or dialogue on other relevant regu4 latory matters is achievable and best advances the 

5 economic and national security interests of the 

6 United States, including with— 

7 (A) the European Union; 

8 (B) the Asia-Pacific Economic Coopera9 tion; 

10 (C) the Association of Southeast Asian Na11 tions; 

12 (D) the Organization for Economic Co13 operation and Development; and 

14 (E) multilateral development banks; and 

15 (3) regulatory practices and standards-setting 

16 bodies focused on key economic sectors and emerg17 ing technologies. 

18 (c) PARTICIPATION BY NON-GOVERNMENTAL ENTI19 TIES.—With regard to the program described in sub20 section (a), the Secretary may facilitate, including through 

21 the use of amounts appropriated pursuant to subsection 

22 (e), the participation of private sector representatives and 

23 other relevant organizations and individuals with relevant 

24 expertise, as appropriate, to the extent that such partici25 pation advances the goals of such program. 


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1 (d) DELEGATION OF AUTHORITY BY THE SEC2 RETARY.—The Secretary is authorized to delegate the re3 sponsibilities described in this section to the Under Sec4 retary of State for Economic Growth, Energy, and the En5 vironment. 

6 SEC. 206. AUTHORIZATION TO ASSIST UNITED STATES COM7 PANIES WITH GLOBAL SUPPLY CHAIN DIVER8 SIFICATION AND MANAGEMENT. 

9 (a) DEFINITIONS.—The terms ‘‘foreign ownership, 

10 control, or influence’’ and ‘‘FOCI’’ have the meanings 

11 given such terms in the National Industrial Security Pro12 gram Operating Manual (DOD 5220.22–M), or a suc13 cessor document. 

14 (b) AUTHORIZATION TO CONTRACT SERVICES.—The 

15 Secretary, in coordination with the Secretary of Com16 merce, is authorized to establish a program to facilitate 

17 the contracting by the Department of State for the profes18 sional services of qualified experts, on a reimbursable fee 

19 for service basis, to assist interested United States persons 

20 and business entities with supply chain management 

21 issues related to the PRC, including— 

22 (1) exiting from the PRC market or relocating 

23 certain production facilities to locations outside the 

24 PRC; 


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1 (2) diversifying sources of inputs, and other ef2 forts to diversify supply chains to locations outside 

3 of the PRC; 

4 (3) navigating legal, regulatory, or other chal5 lenges in the course of the activities described in 

6 paragraphs (1) and (2); and 

7 (4) identifying alternative markets for produc8 tion or sourcing outside of the PRC, including 

9 through providing market intelligence, facilitating 

10 contact with reliable local partners as appropriate, 

11 and other services. 

12 (c) CHIEF OF MISSION OVERSIGHT.—The persons 

13 hired to perform the services described in subsection (b) 

14 shall— 

15 (1) be under the authority of the United States 

16 Chief of Mission in the country in which they are 

17 hired, in accordance with existing United States 

18 laws; 

19 (2) coordinate with Department of State and 

20 Department of Commerce officers; and 

21 (3) coordinate with United States missions and 

22 relevant local partners in other countries as needed 

23 to carry out the services described in subsection (b). 

24 (d) PRIORITIZATION OF MICRO-, SMALL-, AND ME25 DIUM-SIZED ENTERPRISES.—The services described in 


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1 subsection (b) shall be prioritized for assisting micro-, 

2 small-, and medium-sized enterprises with regard to the 

3 matters described in subsection (b). 

4 (e) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) IN GENERAL.—There is authorized to be 

6 appropriated $15,000,000, for each of the fiscal 

7 years 2025 through 2029, for the purposes of car8 rying out this section. 

9 (2) PROHIBITION ON ACCESS TO ASSISTANCE

10 BY FOREIGN ADVERSARIES.—None of the amounts 

11 appropriated pursuant to paragraph (1) may be pro12 vided to an entity— 

13 (A) under the foreign ownership, control, 

14 or influence of the Government of the People’s 

15 Republic of China or the Chinese Communist 

16 Party, or other foreign adversary; 

17 (B) determined to have beneficial owner18 ship from foreign individuals subject to the ju19 risdiction, direction, or influence of foreign ad20 versaries; and 

21 (C) that has any contract in effect at the 

22 time of the receipt of such funds, or has had a 

23 contract within the previous year that is no 

24 longer in effect, with— 


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1 (i) the Government of the People’s 

2 Republic of China; 

3 (ii) the Chinese Communist Party; 

4 (iii) the Chinese military; 

5 (iv) any entity majority-owned, major6 ity-controlled, or majority-financed by the 

7 Government of the People’s Republic of 

8 China, the CCP, or the Chinese military; 

9 or 

10 (v) a parent, subsidiary, or affiliate of 

11 an entity described in clause (iv). 

12 SEC. 207. INVESTING IN TALENT IN SOUTHEAST ASIA, THE 

13 PACIFIC ISLANDS, SUB-SAHARAN AFRICA, 

14 AND LATIN AMERICA. 

15 (a) DEFINITIONS.—In this section: 

16 (1) APPROPRIATE COMMITTEES OF CON17 GRESS.—The term ‘‘appropriate committees of Con18 gress’’ means— 

19 (A) the Committee on Foreign Relations of 

20 the Senate; 

21 (B) the Committee on Appropriations of 

22 the Senate; 

23 (C) the Committee on Foreign Affairs of 

24 the House of Representatives; and 


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1 (D) the Committee on Appropriations of 

2 the House of Representatives. 

3 (2) PACIFIC ISLANDS.—The term ‘‘Pacific Is4 lands’’ means the countries of Federated States of 

5 Micronesia, Fiji, Kiribati, Nauru, Palau, Papua New 

6 Guinea, Republic of Marshall Islands, Samoa, Sol7 omon Islands, Tonga, Tuvalu, and Vanuatu. 

8 (3) SOUTHEAST ASIA.—The term ‘‘Southeast 

9 Asia’’ means the countries of Brunei Darussalam, 

10 Cambodia, Indonesia, Lao PDR, Malaysia, 

11 Myanmar, the Philippines, Singapore, Thailand, 

12 Vietnam, and Timor-Leste. 

13 (4) SUB-SAHARAN AFRICA.—The term ‘‘sub-Sa14 haran Africa’’ means a country or successor political 

15 entity defined in section 107 of the African Growth 

16 and Opportunity Act (19 U.S.C. 3706). 

17 (5) LATIN AMERICA AND THE CARIBBEAN.—In 

18 this section, the term ‘‘Latin America and the Carib19 bean’’ does not include Cuba, Nicaragua, or Ven20 ezuela. 

21 (b) ESTABLISHMENT OF CENTERS OF EXCEL22 LENCE.—The Secretary, in coordination with the heads of 

23 relevant Federal departments and agencies, is authorized 

24 to enter into public-private partnerships and establish cen25 ters of excellence located in countries in Southeast Asia, 


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1 Pacific Islands, sub-Saharan Africa, and Latin America 

2 and the Caribbean to build and enhance the technical ca3 pacity of officials, emerging leaders, and other qualified 

4 persons from countries in those regions. 

5 (c) PRIORITY AREAS FOR TECHNICAL ASSISTANCE

6 AND CAPACITY BUILDING.—The centers of excellence es7 tablished pursuant to subsection (b) shall provide tech8 nical assistance and capacity building in— 

9 (1) domestic resource mobilization; 

10 (2) regulatory management; 

11 (3) procurement processes, including tendering, 

12 bidding, and contract negotiation; 

13 (4) budget management and oversight; and 

14 (5) management of key economic sectors, in15 cluding energy, digital economy, and infrastructure. 

16 (d) TERMS AND CONDITIONS.—In carrying out this 

17 section, the Secretary shall— 

18 (1) leverage existing United States foreign as19 sistance programs and activities in Southeast Asia, 

20 the Pacific Islands, Sub-Saharan Africa, and Latin 

21 America, which may include assistance provided 

22 under— 

23 (A) future leaders initiatives, such as the 

24 Young Southeast Asia Leaders Initiative and 

25 the Young Pacific Leaders Program; 


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1 (B) the American Schools and Hospitals 

2 Abroad program; 

3 (C) the Millennium Challenge Act of 2003 

4 (22 U.S.C. 7701 et seq.); 

5 (D) United States Support for Economic 

6 Growth in Asia; 

7 (E) programs related to the Asia-Pacific 

8 Economic Community; 

9 (F) the Young African Leaders Initiative; 

10 (G) the Young Leaders of the Americas 

11 Initiative; and 

12 (H) other relevant education or scholarship 

13 programs; 

14 (2) support the program by ensuring that par15 ticipation of instructors who— 

16 (A)(i) are serving in relevant areas of the 

17 United States Government with a rank of not 

18 less than 14 on the General Schedule (GS–14); 

19 or 

20 (ii) possess at least 10 years of experience rel21 evant to the areas of instruction described in sub22 section (c); 

23 (B) meet high professional standards with24 in their fields; and 


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1 (C)(i) are contracted by any center of ex2 cellence established pursuant to subsection (b); 

3 or 

4 (ii) are deployed or detailed directly from a 

5 Federal Government agency; 

6 (3) seek to attract participants who— 

7 (A)(i) are serving as senior or mid-career 

8 officials in key technical ministries of partici9 pating countries in Southeast Asia, the Pacific 

10 Islands, sub-Saharan Africa, or Latin America 

11 and the Caribbean; 

12 (ii) have demonstrated leadership potential and 

13 direct responsibility for crafting or implementing 

14 policies relevant to the areas of instruction described 

15 in subsection (c); or 

16 (iii) demonstrate an intent to return to govern17 ment service after completing the program outlined 

18 in this section; or 

19 (B) are employed in utilities, publicly or 

20 privately owned companies, or other nongovern21 mental entities responsible for implementing 

22 policy and regulation or supporting government 

23 functions in the areas of instruction described 

24 in subsection (c); and 


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1 (4) require financial or in-kind contributions 

2 from participating governments that is commensu3 rate with the gross domestic product of the countries 

4 governed by such governments. 

5 (e) AUTHORIZATION TO ENTER INTO MEMORANDA

6 OF UNDERSTANDING.—In order to fulfill the terms and 

7 conditions described in subsection (d), the Secretary is au8 thorized to enter into memoranda of understanding with 

9 participating governments to determine— 

10 (1) the financial or in-kind contributions that 

11 will be made by the United States; and 

12 (2) the financial or in-kind contributions will be 

13 made by the participating government with respect 

14 to the activities described in this section. 

15 (f) SPECIFICATION FOR MEMORANDA OF UNDER16 STANDING.—The value of financial or in-kind contribu17 tions by the United States and a particular participating 

18 government should be assessed to ensure an appropriate 

19 level of contribution by an entity mutually decided upon 

20 by the United States and such government. 

21 (g) CONSULTATION AND REPORTING REQUIRE22 MENTS.— 

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1 fore obligating funds appropriated pursuant to sub2 section (h). 

3 (2) ANNUAL REPORT.—The Secretary shall 

4 submit an annual report to the appropriate commit5 tees of Congress that— 

6 (A) describes— 

7 (i) the activities of the program au8 thorized under this section; 

9 (ii) all of the major activities during 

10 the most recently concluded fiscal year; 

11 (iii) the financial and other contribu12 tions of the United States Government to 

13 the program; and 

14 (iv) the contributions made by govern15 ments in Southeast Asia, the Pacific Is16 lands, sub-Saharan Africa, or Latin Amer17 ica and the Caribbean; and 

18 (B) assesses— 

19 (i) the program’s successes; and 

20 (ii) any required authorities, funding, 

21 or other alterations to improve the pro22 gram’s effectiveness. 

23 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated $45,000,000 for the 4-year 


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1 period beginning on October 1, 2024, to carry out this 

2 section. 

3 SEC. 208. PILOT PROGRAM TO AUDIT BARRIERS TO COM4 MERCE IN DEVELOPING PARTNER COUN5 TRIES. 

6 (a) ESTABLISHMENT.—The Secretary shall establish 

7 a pilot program— 

8 (1) to identify and evaluate barriers to com9 merce in developing countries that are allies and 

10 partners of the United States; and 

11 (2) to provide assistance to promote economic 

12 development and commerce to such countries. 

13 (b) PURPOSES.—Under the pilot program established 

14 pursuant to subsection (a), the Secretary, in partnership 

15 with the countries selected pursuant to subsection (c)(1), 

16 shall— 

17 (1) identify barriers in such countries to en18 hancing international commerce with the goal of set19 ting priorities for the efficient use of United States 

20 trade-related assistance; 

21 (2) focus United States trade-related assistance 

22 on building self-sustaining institutional capacity for 

23 expanding commerce with those countries, consistent 

24 with their international obligations and commit25 ments; and 


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1 (3) further the national interests of the United 

2 States by— 

3 (A) expanding prosperity through the 

4 elimination of foreign barriers to commercial 

5 exchange; 

6 (B) assisting such countries to identify and 

7 reduce barriers through the provision of foreign 

8 assistance to increase— 

9 (i) international commerce; and 

10 (ii) foreign investment; 

11 (C) assisting each such country in under12 taking reforms that will promote economic de13 velopment, and promote conditions favorable for 

14 business and commercial development and job 

15 growth in the country; and 

16 (D) assisting private sector entities in 

17 those countries to engage in reform efforts and 

18 enhance productive global supply chain partner19 ships with the United States and allies and 

20 partners of the United States. 

21 (c) SELECTION OF COUNTRIES.— 

22 (1) IN GENERAL.—The Secretary shall select 

23 countries for participation in the pilot program es24 tablished pursuant to subsection (a) from among 

25 countries— 


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1 (A) that are— 

2 (i) developing countries; and 

3 (ii) allies and partners of the United 

4 States; 

5 (B) the governments of which have clearly 

6 demonstrated a willingness to make appropriate 

7 legal, policy, and regulatory reforms that are 

8 proven to stimulate economic growth and job 

9 creation, consistent with international trade 

10 rules and practices; and 

11 (C) that meet such additional criteria as 

12 may be established by the Secretary, in con13 sultation with the Administrator of the United 

14 States Agency for International Development, 

15 and the head of any other Federal agency, as 

16 appropriate. 

17 (2) CONSIDERATIONS FOR ADDITIONAL CRI18 TERIA.—In establishing additional criteria pursuant 

19 to paragraph (1)(C), the Secretary and the Adminis20 trator shall— 

21 (A)(i) identify and address structural 

22 weaknesses, systemic flaws, or other impedi23 ments within countries being considered for 

24 participation in the pilot program that impact 


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1 the effectiveness of United States assistance; 

2 and 

3 (ii) make recommendations for addressing such 

4 weaknesses, flaws, and impediments; 

5 (B) set priorities for commercial develop6 ment assistance building to focus resources on 

7 countries in which the provision of such assist8 ance can deliver the best value in identifying 

9 and eliminating barriers to trade and invest10 ment, including by fostering adherence to inter11 national trade obligations; 

12 (C) developing appropriate performance 

13 measures and establishing annual targets to 

14 monitor and assess progress toward such tar15 gets, including measures to be used to termi16 nate the provision of assistance determined to 

17 be ineffective; and 

18 (D) ensure representation from across 

19 multiple geographic regions. 

20 (3) NUMBER AND DEADLINE FOR SELEC21 TIONS.— 

22 (A) IN GENERAL.—Not later than 270 

23 days after the date of the enactment of this 

24 Act, and annually thereafter for the following 3 

25 years, the Secretary, with the concurrence of 


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1 the Administrator of the United States Agency 

2 for International Development, shall select 

3 countries for participation in the pilot program 

4 established pursuant to subsection (a). 

5 (B) NUMBER.—The Secretary shall select 

6 for participation in the pilot program— 

7 (i) not fewer than 5 countries during 

8 the 1-year period beginning on the date of 

9 the enactment of this Act; and 

10 (ii) not fewer than 15 countries dur11 ing the 5-year period beginning on such 

12 date of enactment. 

13 (4) PRIORITIZATION BASED ON RECOMMENDA14 TIONS FROM CHIEFS OF MISSION.—In selecting 

15 countries for participation in the pilot program, the 

16 Secretary shall prioritize— 

17 (A) countries recommended by chiefs of 

18 mission and other agencies present at the mis19 sions, such as the United States Agency for 

20 International Development— 

21 (i) that will be able to substantially 

22 benefit from expanded commercial develop23 ment assistance; and 

24 (ii) the governments of which have 

25 demonstrated the political will to effectively 


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1 and sustainably implement such assistance; 

2 or 

3 (B) groups of countries, including groups 

4 of geographically contiguous countries rec5 ommended by chiefs of mission, that— 

6 (i) meet the criteria described in sub7 paragraph (A); and 

8 (ii) as a result of expanded United 

9 States commercial development assistance, 

10 will contribute to greater intra-regional 

11 commerce or regional economic integration. 

12 (d) PLANS OF ACTION.— 

13 (1) IN GENERAL.—The Secretary, in consulta14 tion with the Administrator of the United States 

15 Agency for International Development, as appro16 priate, shall lead in engaging relevant government 

17 officials of each country selected pursuant to sub18 section (c) to participate in the pilot program estab19 lished pursuant to subsection (a) with respect to the 

20 development of a plan of action to identify and 

21 evaluate barriers to economic and commercial devel22 opment that then informs United States assistance. 

23 (2) ANALYSIS REQUIRED.—The development of 

24 a plan of action pursuant to paragraph (1) shall in25 clude a comprehensive analysis of relevant legal, polVerDate Sep 11 2014 18:55 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\S5131.IS S5131

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1 icy, and regulatory constraints to economic and job 

2 growth in such country. 

3 (3) ELEMENTS.—Each plan of action developed 

4 for a country pursuant to paragraph (1) shall— 

5 (A) set forth priorities for reform agreed 

6 to by the government of such country and the 

7 United States; 

8 (B) include clearly defined policy re9 sponses, including regulatory and legal reforms, 

10 as may be necessary, to achieve improvement in 

11 the business and commercial environment in 

12 such country; 

13 (C) identify the anticipated costs to estab14 lish and implement such plan; 

15 (D) identify appropriate sequencing and 

16 phasing of the implementation of the plan to 

17 create cumulative benefits, as appropriate; 

18 (E) identify best practices and standards; 

19 (F) include considerations with respect to 

20 how to make the policy reform investments 

21 under such plan long-lasting; and 

22 (G) require appropriate consultation with 

23 affected stakeholders in such country and in the 

24 United States. 


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1 (e) TERMINATION.—The pilot program established 

2 pursuant to subsection (a) shall terminate on the date that 

3 is 8 years after the date of the enactment of this Act. 

4 SEC. 209. PROMOTING ADOPTION OF UNITED NATIONS 

5 CONVENTION ON THE ASSIGNMENT OF RE6 CEIVABLES IN INTERNATIONAL TRADE. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

9 (1) The United Nations Convention on the As10 signment of Receivables in International Trade, done 

11 at New York December 12, 2001, and signed by the 

12 United States on December 30, 2003 (referred to in 

13 this section as the ‘‘Convention’’), establishes uni14 form international rules governing a form of financ15 ing widely used in the United States involving the 

16 assignment of receivables. 

17 (2) Receivables financing is an important tool 

18 in helping United States businesses secure working 

19 capital financing. Within the United States, lenders 

20 and buyers of receivables provide financing based on 

21 the use of receivables from debtors located within 

22 the United States as working capital collateral. 

23 (3) Receivables financing occurs in transactions 

24 in which businesses either sell their rights to pay25 ments from their customers (commonly known as 


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1 ‘‘receivables’’) to a bank or other financial institu2 tion, or use their rights to those payments as collat3 eral for a loan from a lender. The businesses selling 

4 or using their receivables as collateral are referred to 

5 as ‘‘assignors’’ and buyers and lenders are referred 

6 to as ‘‘assignees’’. 

7 (4) Many countries do not have the kinds of 

8 modern commercial finance laws on the assignment 

9 of receivables required to implement the Convention. 

10 (5) United States-based lenders are less willing 

11 to make loans secured by receivables owed by debt12 ors located outside the United States, as such cross13 border transactions may involve countries the laws 

14 of which are inconsistent with modern financial 

15 practices. 

16 (6) Because of the risk, cost, and uncertainty 

17 created by receivables financing laws in other coun18 tries, which vary greatly or can be vague or unpre19 dictable, the ability of small and medium-sized 

20 United States businesses to access financing from 

21 lenders using international accounts receivables de22 rived from exports or other cross-border transactions 

23 is severely limited. 

24 (7) Expanded access to receivables financing in 

25 international trade, which the Convention would proVerDate Sep 11 2014 18:55 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\S5131.IS S5131

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1 mote, will provide United States businesses with an 

2 additional source of capital at no cost to the United 

3 States taxpayer, benefitting small and medium-sized 

4 businesses that use receivables financing. 

5 (8) The Convention is consistent with article 9 

6 of the United States Uniform Commercial Code, as 

7 adopted by all 50 States, the District of Columbia, 

8 and the territories of Puerto Rico and the Virgin Is9 lands. 

10 (9) The Convention includes extensive rules on 

11 the use of receivables to finance operations, using re12 ceivables as collateral, and how to resolve potential 

13 conflicts of law arising from the use of receivables. 

14 (10) Adoption of the Convention would estab15 lish more predictability and uniformity with respect 

16 to receivables financing in cross-border transactions, 

17 thereby opening up new opportunities for trade and 

18 economic growth between the United States and its 

19 partners in the developing world. 

20 (11) The Senate consented to ratification of the 

21 Convention on January 2, 2019. 

22 (12) The President ratified the Convention on 

23 October 15, 2019. 

24 (b) SENSE OF THE SENATE.—It is the sense of the 

25 Senate that the Secretary should, in the regular course 


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1 of economic dialogues with developing countries that are 

2 partners of the United States, promote the adoption and 

3 implementation of the Convention as an important tool— 

4 (1) to help attract foreign investment to and 

5 trade with such countries; and 

6 (2) to establish a predictable, rules-based 

7 framework that can help such countries create addi8 tional sources of capital at no cost, benefitting small 

9 and medium-sized businesses that use receivables fi10 nancing. 

11 (c) REPORT TO CONGRESS.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of the enactment of this Act, and an14 nually thereafter for the following 5 years, the Sec15 retary shall submit a report to the appropriate con16 gressional committees detailing the activities of the 

17 Department of State with respect to promoting rati18 fication and implementation by developing countries 

19 of the Convention through fiscal year 2030. 

20 (2) CONTENTS.—The report required under 

21 paragraph (1) shall include— 

22 (A) a list of countries expressing interest 

23 in ratification of the Convention; 

24 (B) a detailed description of efforts made 

25 by the Department of State to promote the 


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1 Convention as a tool for economic development; 

2 and 

3 (C) any requests made by interested coun4 tries for technical and other assistance to facili5 tate adoption of the Convention. 

6 SEC. 210. OPPOSING THE PROVISION OF ASSISTANCE TO 

7 THE PEOPLE’S REPUBLIC OF CHINA BY THE 

8 MULTILATERAL DEVELOPMENT BANKS. 

9 (a) FINDINGS.—Congress finds the following: 

10 (1) The People’s Republic of China is the 

11 world’s second largest economy and a major global 

12 lender. 

13 (2) In the third quarter of 2022, the foreign ex14 change reserves of the PRC totaled more than 

15 $3,000,000,000,000. 

16 (3) The World Bank classifies the PRC as a 

17 country with an upper-middle income economy. 

18 (4) On February 25, 2021, President Xi 

19 Jinping announced ‘‘complete victory’’ over extreme 

20 poverty in the PRC. 

21 (5) The Government of the PRC utilizes state 

22 resources to create and promote the Asian Infra23 structure Investment Bank, the New Development 

24 Bank, and the Belt and Road Initiative. 


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1 (6) The PRC is the world’s largest official cred2 itor. 

3 (7) Through a multilateral development bank, 

4 countries are eligible to borrow until they can man5 age long-term development and access to capital 

6 markets without financial resources from the bank. 

7 (8) The World Bank reviews the graduation of 

8 a country from eligibility to borrow from the Inter9 national Bank for Reconstruction and Development 

10 once the country reaches the graduation discussion 

11 income, which is equivalent to the gross national in12 come. For fiscal year 2023, the graduation discus13 sion income is a gross national income per capita ex14 ceeding $7,455. 

15 (9) Many of the other multilateral development 

16 banks, such as the Asian Development Bank, use 

17 the gross national income per capita benchmark 

18 used by the International Bank for Reconstruction 

19 and Development to trigger the graduation process. 

20 (10) The PRC exceeded the graduation discus21 sion income threshold in 2016. 

22 (11) Since 2016, the International Bank for 

23 Reconstruction and Development has approved 

24 projects totaling $9,610,000,000 to the PRC. 


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1 (12) Since 2016, the Asian Development Bank 

2 has— 

3 (A) continued to approve loans and tech4 nical assistance to the PRC totaling more than 

5 $10,600,000,000; and 

6 (B) also approved non-sovereign commit7 ments in the PRC totaling more than 

8 $2,400,000,000. 

9 (13) The World Bank calculates the PRC’s 

10 2019 gross national income per capita as $10,390. 

11 (b) STATEMENT OF POLICY.—It is the policy of the 

12 United States to oppose any additional lending from the 

13 multilateral development banks, including the Inter14 national Bank for Reconstruction and Development and 

15 the Asian Development Bank, to the People’s Republic of 

16 China as a result of the PRC’s successful graduation from 

17 the eligibility requirements for assistance from those 

18 banks. 

19 (c) DEFINITIONS.—In this section: 

20 (1) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘‘appropriate congressional com22 mittees’’ means— 

23 (A) the Committee on Foreign Relations of 

24 the Senate; 


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1 (B) the Committee on Financial Services 

2 of the House of Representatives; and 

3 (C) the Committee on Foreign Affairs of 

4 the House of Representatives. 

5 (2) MULTILATERAL DEVELOPMENT BANKS.— 

6 The term ‘‘multilateral development banks’’ has the 

7 meaning given such term in section 1701(c) of the 

8 International Financial Institutions Act (22 U.S.C. 

9 262r(c)). 

10 (d) OPPOSITION TO LENDING TO PEOPLE’S REPUB11 LIC OF CHINA.—The Secretary of the Treasury shall in12 struct the United States Executive Director at each multi13 lateral development bank to use the voice, vote, and influ14 ence of the United States— 

15 (1) to oppose any loan or extension of financial 

16 or technical assistance by the bank to the PRC; and 

17 (2) to end lending and assistance to countries 

18 that exceed the graduation discussion income of the 

19 bank. 

20 (e) REPORT.—Not later than 1 year after the date 

21 of the enactment of this Act, and annually thereafter, the 

22 Secretary of the Treasury shall submit a report to the ap23 propriate congressional committees that includes— 

24 (1) an assessment of the status of borrowing by 

25 the PRC from each multilateral development bank; 


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1 (2) a description of voting power, shares, and 

2 representation by the PRC at each such bank; 

3 (3) a list of countries that have exceeded the 

4 graduation discussion income at each such bank; 

5 (4) a list of countries that have graduated from 

6 eligibility for assistance from each such bank; and 

7 (5) a full description of the efforts taken by the 

8 United States to graduate countries from such eligi9 bility once they exceed the graduation discussion in10 come at each such bank. 

11 SEC. 211. PROHIBITING FUNDING FOR THE MONTREAL 

12 PROTOCOL ON SUBSTANCES THAT DEPLETE 

13 THE OZONE LAYER AND THE UNITED NA14 TIONS FRAMEWORK CONVENTION ON CLI15 MATE CHANGE UNTIL CHINA IS NO LONGER 

16 DEFINED AS A DEVELOPING COUNTRY. 

17 (a) SHORT TITLE.—This section may be cited as the 

18 ‘‘Ending China’s Unfair Advantage Act of 2024’’. 

19 (b) DEFINITIONS.—In this section: 

20 (1) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘‘appropriate congressional com22 mittees’’ means— 

23 (A) the Committee on Foreign Relations of 

24 the Senate; 


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1 (B) the Committee on Appropriations of 

2 the Senate; 

3 (C) the Committee on Foreign Affairs of 

4 the House of Representatives; and 

5 (D) the Committee on Appropriations of 

6 the House of Representatives. 

7 (2) MONTREAL PROTOCOL.—The term ‘‘Mon8 treal Protocol’’ means the Montreal Protocol on Sub9 stances that Deplete the Ozone Layer, done at Mon10 treal September 16, 1987. 

11 (3) UNITED NATIONS FRAMEWORK CONVEN12 TION ON CLIMATE CHANGE.—The term ‘‘United Na13 tions Framework Convention on Climate Change’’ 

14 means the United Nations Framework Convention 

15 on Climate Change, adopted in Rio de Janeiro, 

16 Brazil in June 1992. 

17 (c) PROHIBITION ON USE OF FUNDS FOR THE MON18 TREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE

19 OZONE LAYER UNTIL CHINA IS NO LONGER DEFINED

20 AS A DEVELOPING COUNTRY.—Notwithstanding any other 

21 provision of law, no Federal funds may be obligated or 

22 expended to implement the Montreal Protocol, including 

23 its protocols and amendments, or any fund established 

24 under the Protocol, until the President certifies to the ap25 propriate congressional committees that the Parties to the 


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1 Montreal Protocol have amended their Decision I/12E, 

2 ‘‘Clarification of terms and definitions: developing coun3 tries,’’ made at the First Meeting of the Parties to remove 

4 the People’s Republic of China. 

5 (d) PROHIBITION ON USE OF FUNDS FOR THE

6 UNITED NATIONS FRAMEWORK CONVENTION ON CLI7 MATE CHANGE UNTIL CHINA IS INCLUDED AMONG THE

8 COUNTRIES LISTED IN ANNEX I OF THE CONVENTION.— 

9 Notwithstanding any other provision of law, no Federal 

10 funds may be obligated or expended to fund the operations 

11 and meetings of the United Nations Framework Conven12 tion on Climate Change, including it’s protocols or agree13 ments, or any fund established under the Convention or 

14 its agreements, until the President certifies to the appro15 priate congressional committees that the Parties to the 

16 Framework Convention have included the People’s Repub17 lic of China in Annex I of the Convention. 

18 TITLE III—COUNTERING CHINA’S 

19 PREDATORY ECONOMIC 

20 PRACTICES 

21 Subtitle A—Countering Economic 

22 Coercion 

23 SEC. 301. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Countering Eco25 nomic Coercion Act of 2024’’. 


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1 SEC. 302. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) foreign adversaries are increasingly using 

4 economic coercion to pressure, punish, and influence 

5 United States allies and partners; 

6 (2) economic coercion— 

7 (A) causes economic harm to United 

8 States allies and partners; 

9 (B) creates malign influence on the sov10 ereign political actions of such allies and part11 ners; and 

12 (C) can threaten the essential security of 

13 the United States and its allies; 

14 (3) economic coercion is often characterized 

15 by— 

16 (A) arbitrary, abusive, and discriminatory 

17 actions that seek to interfere with sovereign ac18 tions, violate international trade rules, and run 

19 counter to the rules-based international order; 

20 (B) capricious, pre-textual, and non-trans21 parent actions taken without due process af22 forded; 

23 (C) intimidation or threats of punitive ac24 tions; and 

25 (D) informal actions that take place with26 out explicit government action; 


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1 (4) economic coercion violates norms of state 

2 behavior and undermines the rules-based inter3 national order; 

4 (5) existing mechanisms for trade dispute reso5 lution and international arbitration are often inad6 equate for responding to economic coercion in a 

7 timely and effective manner as foreign adversaries 

8 exploit plausible deniability and lengthy processes to 

9 evade accountability; 

10 (6) the United States should provide meaning11 ful economic and political support to foreign trading 

12 partners affected by economic coercion, which can 

13 lead to opportunities for United States businesses, 

14 investors, and workers to reach new markets and 

15 customers; 

16 (7) responding to economic coercion will be 

17 most effective when the United States provides relief 

18 to affected foreign trading partners in coordination 

19 with allies and like-minded countries; and 

20 (8) such coordination will further demonstrate 

21 broad resolve against economic coercion. 

22 SEC. 303. DEFINITIONS. 

23 In this subtitle: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ includes— 

4 (A) the Committee on Foreign Relations of 

5 the Senate; 

6 (B) the Committee on Foreign Affairs of 

7 the House of Representatives; 

8 (C) with respect to the exercise of any au9 thority under section 305(a)(2), subparagraphs 

10 (A), (I), (J), and (K) of section 305(b)(1), and 

11 section 305(b)(2)— 

12 (i) the Committee on Finance of the 

13 Senate; and 

14 (ii) the Committee on Ways and 

15 Means of the House of Representatives; 

16 (D) with respect to the exercise of any au17 thority under subparagraphs (F) and (H) of 

18 section 305(b)(1)— 

19 (i) the Committee on Banking, Hous20 ing, and Urban Affairs of the Senate; and 

21 (ii) the Committee on Financial Serv22 ices of the House of Representatives; and 

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1 paragraph (B), (E), or (G) of section 

2 305(b)(1)— 

3 (i) the Committee on Appropriations 

4 of the Senate; and 

5 (ii) the Committee on Appropriations 

6 of the House of Representatives. 

7 (2) ECONOMIC COERCION.—The term ‘‘eco8 nomic coercion’’ means actions, practices, or threats 

9 undertaken by a foreign adversary to unreasonably 

10 restrain, obstruct, or manipulate trade, foreign aid, 

11 investment, or commerce in an arbitrary, capricious, 

12 or non-transparent manner with the intention to 

13 cause economic harm to achieve strategic political 

14 objectives or influence sovereign political actions. 

15 (3) EXPORT; EXPORT ADMINISTRATION REGU16 LATIONS; IN-COUNTRY TRANSFER; REEXPORT.—The 

17 terms ‘‘export’’, ‘‘Export Administration Regula18 tions’’, ‘‘in-country transfer’’, and ‘‘reexport’’ have 

19 the meanings given such terms in section 1742 of 

20 the Export Control Reform Act of 2018 (50 U.S.C. 

21 4801). 

22 (4) FOREIGN ADVERSARY.—The term ‘‘foreign 

23 adversary’’ means any foreign government engaged 

24 in a long-term pattern or serious instances of con25 duct significantly adverse to the national security of 


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1 the United States or the security and safety of 

2 United States persons. 

3 (5) FOREIGN TRADING PARTNER.—The term 

4 ‘‘foreign trading partner’’ means a foreign jurisdic5 tion that is a trading partner of the United States. 

6 SEC. 304. DETERMINATION OF ECONOMIC COERCION. 

7 (a) EXTENDED PRESIDENTIAL DETERMINATION.— 

8 (1) IN GENERAL.—If the President determines 

9 that a foreign trading partner is subject to an act 

10 of economic coercion by a foreign adversary that 

11 constitutes a long-term national security threat, 

12 after a comprehensive inter-agency review, the Presi13 dent may— 

14 (A) submit to Congress a detailed deter15 mination (referred to as the ‘‘Economic Coer16 cion Response Package’’), which shall include— 

17 (i) an assessment of why the economic 

18 coercion by a foreign adversary constitutes 

19 a national security threat and requires a 

20 comprehensive response; 

21 (ii) a request to exercise any author22 ity— 

23 (I) described in subsection (a)(1) 

24 or (b)(1) of section 305 to support or 

25 assist the foreign trading partner in a 


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1 manner proportionate to the economic 

2 coercion; or 

3 (II) described in subsection 

4 (a)(2) or (b)(2) of section 305 to pe5 nalize the foreign adversary in a man6 ner proportionate to the economic co7 ercion; 

8 (iii) justification for why the re9 quested authorities are appropriate for the 

10 specific act of economic coercion; and 

11 (iv) a statement of administration ac12 tion outlining the intended use of the re13 quested authorities. 

14 (2) INFORMATION; HEARINGS.—To inform the 

15 determination and the formulation of a request 

16 under paragraph (1), the President shall— 

17 (A) obtain the written opinion and analysis 

18 of the Secretary of State, the Secretary of Com19 merce, the Secretary of the Treasury, the 

20 United States Trade Representative, and the 

21 heads of other Federal agencies, as the Presi22 dent considers appropriate; 

23 (B) seek information and advice from and 

24 consult with other relevant officers of the 

25 United States; and 


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1 (C) afford other interested parties an op2 portunity to present relevant information and 

3 advice. 

4 (3) CONSULTATION WITH CONGRESS.—In devel5 oping the determination and the formulation of the 

6 request under paragraph (1), the President shall 

7 consult with the appropriate congressional commit8 tees— 

9 (A) during the 40-day period beginning 30 

10 days before such request is submitted to Con11 gress; and 

12 (B) not less frequently than once every 

13 180 days while exercising the requested author14 ity. 

15 (4) NOTICE.—Not later than 30 days after the 

16 date on which the President determines that a for17 eign trading partner is subject to economic coercion 

18 or submits the request under paragraph (1), the 

19 President shall publish in the Federal Register— 

20 (A) a notice of the determination and the 

21 submission of the request; and 

22 (B) a description of the economic coercion 

23 that the foreign adversary is applying to the 

24 foreign trading partner and other circumstances 


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1 that led to such determination and the submis2 sion of the request. 

3 (b) EMERGENCY PRESIDENTIAL DETERMINATION.— 

4 (1) IN GENERAL.—If the President determines, 

5 on an emergency basis, that a foreign trading part6 ner is subject to economic coercion by a foreign ad7 versary, the President may exercise, for a period not 

8 exceeding 90 days, any authority described in sec9 tion 305(a). 

10 (2) NOTICES.— 

11 (A) IN GENERAL.—Not later than 5 days 

12 after an emergency determination under para13 graph (1), the President shall submit to the ap14 propriate congressional committees a notice of 

15 such determination. 

16 (B) EXERCISE OF AUTHORITY.—Not later 

17 than 5 days after the exercise of any authority 

18 that relies on the determination for which the 

19 President submitted notice pursuant to sub20 paragraph (A), the President shall submit to 

21 the appropriate congressional committees a no22 tice of how the President intends to use such 

23 authorities. 

24 (c) REVOCATION OF DETERMINATION.— 


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1 (1) REVOCATION OF EXTENDED DETERMINA2 TION.—A determination made by the President pur3 suant to subsection (a) shall be revoked on the ear4 liest of— 

5 (A) the date that is 2 years after the date 

6 of such determination; 

7 (B) the date of the enactment of a joint 

8 resolution of disapproval revoking such deter9 mination; or 

10 (C) the date on which the President issues 

11 a proclamation revoking such determination. 

12 (2) REVOCATION OF EMERGENCY DETERMINA13 TION.—A determination made by the President pur14 suant to subsection (b) shall be revoked on the ear15 liest of— 

16 (A) the date that is 90 days after the date 

17 of such determination; 

18 (B) the date of the enactment of a joint 

19 resolution of disapproval revoking such deter20 mination; or 

21 (C) the date on which the President issues 

22 a proclamation revoking such determination. 

23 (3) TERMINATION OF AUTHORITIES.—Any au24 thority described in section 305 exercised pursuant 

25 to a determination that has been revoked pursuant 


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1 to paragraph (1) or paragraph (2) shall cease to be 

2 exercised on the date of such revocation, except that 

3 such revocation shall not affect— 

4 (A) any action taken or proceeding pend5 ing not finally concluded or determined on such 

6 date; or 

7 (B) any rights or duties that matured or 

8 penalties that were incurred before such date. 

9 SEC. 305. AUTHORITIES TO RESPOND TO ECONOMIC COER10 CION. 

11 (a) AUTHORITIES TO RESPOND TO EMERGENCY

12 ACTS OF ECONOMIC COERCION.— 

13 (1) AUTHORITIES RELATING TO FOREIGN TRAD14 ING PARTNERS.—The authorities described in this 

15 paragraph are— 

16 (A) providing immediate financial assist17 ance to a foreign trading partner through the 

18 provision of existing unobligated funds, without 

19 further appropriation; 

20 (B) instructing the United States Execu21 tive Director at each international financial in22 stitution of the World Bank Group, the Execu23 tive Director at the Inter-American Develop24 ment Bank, the Executive Director of the Afri25 can Development Bank, the Director of the EuVerDate Sep 11 2014 18:55 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\S5131.IS S5131

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1 ropean Bank for Reconstruction and Develop2 ment, and the Director of the Asian Develop3 ment Bank, as appropriate, to use the voice and 

4 vote of the United States at the respective insti5 tution to vote for emergency lending to a for6 eign trading partner of the United States; 

7 (C) providing technical assistance and 

8 analysis to a United States Embassy hosted by 

9 a foreign trading partner experiencing an act of 

10 economic coercion and to the United States 

11 Government through a specialist interagency 

12 team that— 

13 (i) consists of international trade, fi14 nance, and economic policy experts author15 ized by the President from relevant Fed16 eral departments and agencies, including— 

17 (I) the Department of State; 

18 (II) the Department of Com19 merce; 

20 (III) the Department of Agri21 culture; 

22 (IV) the Department of the 

23 Treasury; 

24 (V) the Office of the United 

25 States Trade Representative; and 


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1 (VI) the Office of the Director of 

2 National Intelligence; 

3 (ii) may provide specific advice to the 

4 government of a foreign trading partner 

5 regarding both short-term and long-term 

6 vulnerabilities to economic coercion; and 

7 (iii) shall have a duration of assign8 ment determined by the President, in con9 sultation with the heads of the relevant 

10 Federal departments and agencies. 

11 (2) AUTHORITIES WITH RESPECT TO FOREIGN

12 ADVERSARIES.—The authorities described in this 

13 paragraph are— 

14 (A) initiating an investigation of the eco15 nomic coercion in accordance with section 302 

16 of the Trade Act of 1974 (19 U.S.C. 2412); 

17 and 

18 (B) an action authorized under section 301 

19 of such Act (19 U.S.C. 2411) if an affirmative 

20 determination has been made pursuant to sec21 tion 304 of such Act (19 U.S.C. 2414) in con22 nection with an investigation described in sub23 paragraph (A). 

24 (b) AUTHORITIES TO RESPOND TO EXTENDED ACTS

25 OF ECONOMIC COERCION.— 


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1 (1) AUTHORITIES WITH RESPECT TO FOREIGN

2 TRADING PARTNERS.—The authorities described in 

3 this paragraph are— 

4 (A) an expedited review of a country’s eli5 gibility for trade preference programs; 

6 (B) requesting appropriations for foreign 

7 aid to the foreign trading partner; 

8 (C) an expedited decision with respect to 

9 the issuance of licenses for the export or reex10 port to, or in-country transfer in, the foreign 

11 trading partner of items subject to controls 

12 under the Export Administration Regulations, 

13 consistent with the Export Control Reform Act 

14 of 2018 (50 U.S.C. 4801 et seq.); 

15 (D) the expedited regulatory processes re16 lated to the importation of goods and services 

17 into the United States from the foreign trading 

18 partner; 

19 (E) requesting the necessary authority and 

20 appropriations for sovereign loan guarantees to 

21 the foreign trading partner; 

22 (F) waiving policy requirements (other 

23 than policy requirements mandated by an Act 

24 of Congress, including the policies and proce25 dures established pursuant to section 11 of the 


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1 Export-Import Bank Act of 1945 (12 U.S.C. 

2 635i–5)), to the extent necessary to facilitate 

3 the provision of financing to support exports to 

4 the foreign trading partner; 

5 (G) requesting appropriations for loan loss 

6 reserves to facilitate the provision of financing 

7 to support United States exports to the foreign 

8 trading partner; 

9 (H) the exemption of financing provided to 

10 support United States exports to the foreign 

11 trading partner under section 8(g)(1) of the 

12 Export-Import Bank Act of 1945 (12 U.S.C. 

13 635g(g)(1)); 

14 (I) providing technical assistance and legal 

15 expertise through the Office of the United 

16 States Trade Representative to support the 

17 trading partner’s pursuit of a case at the World 

18 Trade Organization regarding the economic co19 ercion; 

20 (J) United States participation as a third 

21 party in support of any case brought by the 

22 trading partner at the World Trade Organiza23 tion regarding the economic coercion; and 

24 (K) expedited review of petitions under the 

25 Generalized System of Preferences set forth in 


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1 title V of the Trade Act of 1974 (19 U.S.C. 

2 2461 et seq.) related to article and country eli3 gibility, competitive need limitation waivers, and 

4 product redesignations. 

5 (2) AUTHORITIES WITH RESPECT TO FOREIGN

6 ADVERSARIES.—The authorities described in this 

7 paragraph are— 

8 (A) initiating an investigation of the eco9 nomic coercion in accordance with section 302 

10 of the Trade Act of 1974 (19 U.S.C. 2412); 

11 (B) an action authorized under section 301 

12 of such Act (19 U.S.C. 2411) if an affirmative 

13 determination has been made pursuant to sec14 tion 304 of such Act (19 U.S.C. 2414) in con15 nection with an investigation described in sub16 paragraph (A). 

17 SEC. 306. COORDINATION WITH ALLIES AND PARTNERS. 

18 (a) COORDINATION BY PRESIDENT.—After a deter19 mination by the President that a foreign trading partner 

20 is subject to economic coercion by a foreign adversary, the 

21 President shall endeavor to coordinate— 

22 (1) the exercise of the authorities described in 

23 section 305 with the exercise of relevant authorities 

24 by allies and partners to broaden economic support 


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1 to the foreign trading partner affected by economic 

2 coercion; and 

3 (2) with allies and partners to issue joint con4 demnation of the actions of the foreign adversary 

5 and support for the foreign trading partner. 

6 (b) COORDINATION BY SECRETARY.—The Secretary, 

7 in coordination with the heads of relevant Federal agen8 cies, shall endeavor— 

9 (1) to encourage allies and partners to identify 

10 or create mechanisms and authorities necessary to 

11 facilitate the coordination described in subsection 

12 (a)(1); 

13 (2) to coordinate with allies and partners to in14 crease opposition to economic coercion in the inter15 national community; 

16 (3) to coordinate with allies and partners to 

17 deter the use of economic coercion by foreign adver18 saries; and 

19 (4) to engage with foreign trading partners to 

20 gather information about possible instances of eco21 nomic coercion and share such information with the 

22 appropriate congressional committees. 

23 (c) COORDINATION BY UNITED STATES TRADE REP24 RESENTATIVE.—The United States Trade Representative 

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1 lies and partners at the World Trade Organization to ne2 gotiate a multilateral agreement regarding cooperation to 

3 address economic coercion. 

4 SEC. 307. EXPEDITED CONSIDERATION OF ECONOMIC CO5 ERCION RESPONSE PACKAGE. 

6 (a) DEFINITIONS.—In this section: 

7 (1) IMPLEMENTATION BILL.—The term ‘‘imple8 mentation bill’’ means a bill of Congress consisting 

9 solely of the authorities requested by the President 

10 (referred to in this section as the ‘‘Economic Coer11 cion Response Package’’) pursuant to section 

12 304(a). 

13 (2) INSTRUCTIONS.—The term ‘‘instructions’’ 

14 refers to the specific recommendations or actions re15 quested by the President that detail the authorities 

16 to be exercised to respond to economic coercion. 

17 (b) INSTRUCTIONS.— 

18 (1) PRESIDENTIAL SUBMISSION.—If the Presi19 dent determines that a foreign trading partner is 

20 subject to economic coercion, the President shall 

21 submit to Congress an Economic Coercion Response 

22 Package pursuant to section 304(a), including de23 tailed instructions outlining the specific actions and 

24 authorities requested. 


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1 (2) COMMITTEE INSTRUCTIONS.—Each Eco2 nomic Coercion Response Package submitted pursu3 ant to paragraph (1) shall include instructions to the 

4 relevant congressional committees specifying the ac5 tions to be taken within their respective jurisdic6 tions. 

7 (c) COMMITTEE ACTION.— 

8 (1) REFERRAL TO COMMITTEES.—Each Eco9 nomic Coercion Response Package, submitted to 

10 Congress pursuant to section 304(a) shall be imme11 diately referred to the congressional committees with 

12 subject matter jurisdiction over the specific actions 

13 and authorities requested. 

14 (2) COMMITTEE RESPONSIBILITY.—Each con15 gressional committee identified in the instructions 

16 described in subsection (b) shall, not later than 15 

17 legislative days after receiving such instructions— 

18 (A) draft its portion of the implementation 

19 bill; and 

20 (B) report such portion to the clerk of the 

21 Senate or of the House of Representatives, as 

22 appropriate. 

23 (3) FAILURE TO REPORT.—If any congressional 

24 committee fails to report its respective portion with25 in the period provided under paragraph (2), such 


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1 portion may not be included in the implementation 

2 bill. 

3 (4) AMENDMENTS.—Members of the congres4 sional committees with jurisdiction over the subject 

5 matter of a portion of the implementation bill may 

6 offer germane amendments to such portion before it 

7 is reported by the committee. 

8 (d) AGGREGATION OF PROVISIONS.— 

9 (1) COMMITTEE REPORTS.—After all of the 

10 congressional committee in either the Senate or the 

11 House of Representatives with subject matter juris12 diction have reported their respective portions of the 

13 implementation bill or have failed to report such por14 tion within the period prescribed under subsection 

15 (c)(2), all of the reported provisions shall be com16 bined into a single implementation bill. 

17 (2) NO REPORTS.—If none of the congressional 

18 committees with subject matter jurisdiction reports 

19 their assigned provisions, no implementation bill 

20 may be introduced. 

21 (3) FINAL BILL.—The implementation bill de22 scribed in paragraph (1) shall— 

23 (A) include all of the provisions that have 

24 been reported by the congressional committees 

25 with subject matter jurisdiction; and 


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1 (B) be considered on the floor of the Sen2 ate or the House of Representatives, as appro3 priate. 

4 (e) CONSIDERATION IN THE HOUSE OF REPRESENT5 ATIVES.— 

6 (1) INTRODUCTION.—If the President submits 

7 an Economic Coercion Response Package pursuant 

8 to section 304(a) and 1 or more committees of the 

9 House of Representatives have reported their respec10 tive provisions, the implementation bill may be intro11 duced in the House of Representatives (by re12 quest)— 

13 (A) by the majority leader of the House of 

14 Representatives, or by a member of the House 

15 of Representatives designated by the majority 

16 leader, on the next legislative day following the 

17 combination of provisions pursuant to sub18 section (d); or 

19 (B) if the implementation bill is not intro20 duced pursuant to subparagraph (A), by any 

21 member of the House of Representatives on any 

22 subsequent legislative day. 

23 (2) PROCEEDING TO CONSIDERATION.—After 

24 the introduction of the implementation bill, it shall 

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1 mentation bill in the House of Representatives. The 

2 previous question shall be considered as ordered on 

3 the motion to its adoption without intervening mo4 tion. A motion to reconsider the vote by which the 

5 motion is disposed of shall not be in order. 

6 (3) CONSIDERATION.—The implementation bill 

7 shall be considered as read. All points of order 

8 against the implementation bill and against its con9 sideration are waived. The previous question shall be 

10 considered as ordered on the request to its passage 

11 without intervening motion except 2 hours of debate 

12 equally divided and controlled by the proponent and 

13 an opponent, and 1 motion to limit debate on the re14 quest. A motion to reconsider the vote on passage of 

15 the implementation bill shall not be in order. 

16 (4) AMENDMENTS.—Amendments to the imple17 mentation bill shall be in order, and debate on any 

18 amendment shall be limited to 10 minutes, equally 

19 divided by the proponent and an opponent. 

20 (5) VOTE ON PASSAGE.—The vote on passage 

21 of the implementation bill shall occur not later than 

22 3 legislative days after the date of its introduction 

23 in the House of Representatives. 

24 (f) EXPEDITED PROCEDURE IN THE SENATE.— 


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1 (1) INTRODUCTION IN THE SENATE.—If the 

2 President submits an Economic Coercion Response 

3 Package pursuant to section 304(a) and 1 or more 

4 committees of the Senate with subject matter juris5 diction have reported their respective provisions, the 

6 implementation bill shall be introduced in the Sen7 ate, by request, by the majority leader of the Senate 

8 (for himself or herself and the minority leader of the 

9 Senate) or by any member of the Senate designated 

10 by the majority leader. If the Senate is not in ses11 sion on the day on which the implementation bill is 

12 ready for introduction, the implementation bill shall 

13 be introduced as provided on the first day thereafter 

14 on which the Senate is in session. 

15 (2) PROCEEDING TO CONSIDERATION.—Not16 withstanding Rule XXII of the Standing Rules of 

17 the Senate, it is in order, not later than 2 session 

18 days after the date on which the implementation bill 

19 is introduced, for the majority leader of the Senate 

20 or his or her designee to move to proceed to the con21 sideration of the implementation bill. A motion to 

22 proceed is in order even though a previous motion 

23 to the same effect has been disagreed to. All points 

24 of order against the motion to proceed to the bill are 

25 waived. The motion to proceed is not debatable. The 


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1 motion is not subject to a motion to postpone. A mo2 tion to reconsider the vote by which the motion is 

3 agreed to or disagreed to shall not be in order. If 

4 a motion to proceed to the consideration of the bill 

5 is agreed to, the bill shall remain the unfinished 

6 business until disposed of. All points of order 

7 against the bill and against consideration of the bill 

8 are waived. 

9 (3) CONSIDERATION.—Debate on the imple10 mentation bill, and on all debatable motions and ap11 peals in connection with such bill, shall be limited to 

12 not more than 10 hours, which shall be divided 

13 equally between the majority and minority leaders or 

14 their respective designees. Germane amendments to 

15 the implementation bill shall be in order, and debate 

16 on any amendment shall be limited to 10 minutes, 

17 equally divided between the proponent of the bill and 

18 an opponent of the bill. A motion to further limit de19 bate is not in order. No motion to postpone, motion 

20 to proceed to the consideration of other business, or 

21 motion to recommit the bill is in order. 

22 (4) VOTE ON PASSAGE.—The vote on passage 

23 of the implementation bill shall occur immediately 

24 following the conclusion of the debate on the request 

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1 bate, if requested in accordance with the rules of the 

2 Senate. 

3 (g) CONSIDERATION BY THE OTHER HOUSE.— 

4 (1) IN GENERAL.—If, before passing an imple5 mentation bill, 1 House of Congress receives from 

6 the other House an implementation bill consisting 

7 solely of the text of the Economic Coercion Response 

8 Package submitted by the President pursuant to sec9 tion 304(a)— 

10 (A) the implementation bill of the other 

11 House shall not be referred to a committee of 

12 such House; and 

13 (B) the procedure in the receiving House 

14 shall be the same as if no implementation bill 

15 had been received from the other House until 

16 the vote on passage, when the implementation 

17 bill received from the other House shall sup18 plant the implementation bill of the receiving 

19 House. 

20 (2) NO IMPLEMENTATION BILL IN THE SEN21 ATE.—If, after the President submits an Economic 

22 Coercion Response Package pursuant to section 

23 304(a), an implementation bill is not introduced in 

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1 mentation bill of the House of Representatives shall 

2 be entitled to expedited floor procedures under this 

3 section. 

4 (3) TREATMENT OF COMPANION MEASURE IN

5 THE SENATE.—If, after the Senate passes an imple6 mentation bill, the Senate receives from the House 

7 of Representatives an implementation bill consisting 

8 of text that is identical to the Senate-passed imple9 mentation bill, the House-passed implementation bill 

10 shall not be debatable. The vote on passage of the 

11 implementation bill in the Senate shall be considered 

12 to be the vote on passage of the implementation bill 

13 received from the House of Representatives. 

14 (h) VETOES.—If the President vetoes an implementa15 tion bill, consideration of a veto message in the Senate 

16 shall be limited to 10 hours, equally divided between the 

17 majority and minority leaders of the Senate or the des18 ignees of the majority and minority leaders of the Senate. 

19 (i) CONSTRUCTIVE RESUBMISSION.— 

20 (1) IN GENERAL.—In addition to the expedited 

21 procedures otherwise provided under this section, in 

22 case of an implementation bill consisting solely of 

23 the text of the Economic Coercion Response Pack24 age submitted by the President pursuant to section 

25 304(a), the expedited procedures under this section 


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1 shall apply to such implementation bill during the 

2 period— 

3 (A) beginning on the date occurring— 

4 (i) in the case of the Senate, 30 ses5 sion days before the date on which Con6 gress adjourns a session of Congress; or 

7 (ii) in the case of the House of Rep8 resentatives, 30 days before the date on 

9 which Congress adjourns a session of Con10 gress; and 

11 (B) ending on the date on which the same 

12 or succeeding Congress first convenes its next 

13 session. 

14 (2) APPLICATION.—In applying this section for 

15 the purposes of constructive resubmission, an imple16 mentation bill described under paragraph (1) shall 

17 be treated as though such implementation bill were 

18 submitted on— 

19 (A) in the case of the Senate, the 15th ses20 sion day; or 

21 (B) in the case of the House of Represent22 atives, the 15th legislative day, after the suc23 ceeding session of Congress first convenes. 

24 (3) LIMITATION.—A constructive resubmission 

25 of an implementation bill pursuant to this subsection 


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1 shall not apply if a vote with respect to the imple2 mentation bill was taken in either House in a pre3 ceding session of Congress. 

4 SEC. 308. PROCESS FOR JOINT RESOLUTIONS OF DIS5 APPROVAL. 

6 (a) DEFINITIONS.—In this section, the term ‘‘joint 

7 resolution of disapproval’’ means, with respect to an emer8 gency determination pursuant to section 304(b), per the 

9 revocation outlined in section 304(c), only a joint resolu10 tion of either House of Congress— 

11 (1) that does not have a preamble; 

12 (2) the title of which is as follows: ‘‘A joint res13 olution disapproving the emergency authorities to 

14 act against economic coercion, as exercised by the 

15 President under section 304(b) of the Countering 

16 Economic Coercion Act of 2024; and 

17 (3) the sole matter after the resolving clause of 

18 which is as follows: ‘‘That Congress disapproves the 

19 authorities exercised by the President under section 

20 304(b) of the Countering Economic Coercion Act of 

21 2024, submitted to Congress on lll.’’, with the 

22 blank space being filled with the appropriate date. 

23 (b) JOINT RESOLUTION OF DISAPPROVAL FOR

24 EMERGENCY DETERMINATION.— 

25 (1) INTRODUCTION.— 


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1 (A) INTRODUCTION IN THE HOUSE OF

2 REPRESENTATIVES.—During a period of 5 leg3 islative days beginning on the date that a notice 

4 of action is submitted to the appropriate con5 gressional committees in accordance with sec6 tion 4(b)(2)(B), a joint resolution of dis7 approval may be introduced in the House of 

8 Representatives by the majority leader or the 

9 minority leader. 

10 (B) INTRODUCTION IN THE SENATE.— 

11 During a period of 5 days on which the Senate 

12 is in session beginning on the date that a notice 

13 of action is submitted to the appropriate con14 gressional committees in accordance with sec15 tion 4(b)(2)(B), a joint resolution of dis16 approval may be introduced in the Senate by 

17 the majority leader (or the majority leader’s 

18 designee) or the minority leader (or the minor19 ity leader’s designee). 

20 (c) FLOOR CONSIDERATION IN THE HOUSE OF REP21 RESENTATIVES.— 

22 (1) REPORTING AND DISCHARGE.—If a com23 mittee of the House of Representatives to which a 

24 joint resolution of disapproval has been referred has 

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1 tive days after the date of such referral, such com2 mittee shall be discharged from further consider3 ation of the joint resolution. 

4 (2) PROCEEDING TO CONSIDERATION.—In the 

5 House of Representatives, the following procedures 

6 shall apply to a joint resolution of disapproval: 

7 (A) Beginning on the third legislative day 

8 after each committee to which a joint resolution 

9 of disapproval has been referred reports it to 

10 the House of Representatives or has been dis11 charged from further consideration of the joint 

12 resolution, it shall be in order to move to pro13 ceed to consider the joint resolution in the 

14 House of Representatives. 

15 (B) All points of order against the motion 

16 are waived. Such a motion shall not be in order 

17 after the House of Representatives has disposed 

18 of a motion to proceed on a joint resolution 

19 with regard to the same certification. The pre20 vious question shall be considered as ordered on 

21 the motion to its adoption without intervening 

22 motion. The motion shall not be debatable. A 

23 motion to reconsider the vote by which the mo24 tion is disposed of shall not be in order. 


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1 (3) CONSIDERATION.—The joint resolution 

2 shall be considered as read. All points of order 

3 against the joint resolution and against its consider4 ation are waived. The previous question shall be con5 sidered as ordered on the joint resolution to final 

6 passage without intervening motion except 2 hours 

7 of debate, equally divided and controlled by the 

8 sponsor of the joint resolution (or a designee) and 

9 an opponent. A motion to reconsider the vote on 

10 passage of the joint resolution shall not be in order. 

11 (d) CONSIDERATION IN THE SENATE.— 

12 (1) COMMITTEE REFERRAL.—A joint resolution 

13 of disapproval introduced in the Senate shall be re14 ferred to the Committee on Foreign Relations of the 

15 Senate. 

16 (2) REPORTING AND DISCHARGE.—If the Com17 mittee on Foreign Relations of the Senate does not 

18 report a joint resolution of disapproval within 10 

19 days during which the Senate is in session after the 

20 date such resolution was referred to such committee, 

21 the committee shall be discharged from further con22 sideration of such joint resolution and the joint reso23 lution shall be placed on the appropriate calendar. 

24 (3) MOTION TO PROCEED.—Notwithstanding 

25 Rule XXII of the Standing Rules of the Senate, it 


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1 is in order at any time after the Committee on For2 eign Relations of the Senate reports the joint resolu3 tion of disapproval to the Senate or has been dis4 charged from its consideration (even though a pre5 vious motion to the same effect has been disagreed 

6 to) to move to proceed to the consideration of the 

7 joint resolution, and all points of order against the 

8 joint resolution (and against consideration of the 

9 joint resolution) shall be waived. The motion to pro10 ceed is not debatable. The motion is not subject to 

11 a motion to postpone. A motion to reconsider the 

12 vote by which the motion is agreed to or disagreed 

13 to shall not be in order. If a motion to proceed to 

14 the consideration of the joint resolution of dis15 approval is agreed to, the joint resolution shall re16 main the unfinished business until disposed. 

17 (4) DEBATE.—Debate on a joint resolution of 

18 disapproval, and on all debatable motions and ap19 peals in connection with such joint resolution, shall 

20 be limited to not more than 10 hours, which shall 

21 be divided equally between the majority and minority 

22 leaders or their designees. A motion to further limit 

23 debate is in order and not debatable. An amendment 

24 to, or a motion to postpone, or a motion to proceed 


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1 to the consideration of other business, or a motion 

2 to recommit the joint resolution is not in order. 

3 (5) VOTE ON PASSAGE.—The vote on passage 

4 of a joint resolution of disapproval shall occur imme5 diately following the conclusion of the debate on the 

6 joint resolution of disapproval and a single quorum 

7 call at the conclusion of the debate, if requested in 

8 accordance with the rules of the Senate. 

9 (6) RULES OF THE CHAIR ON PROCEDURE.— 

10 Appeals from the decisions of the Chair relating to 

11 the application of the rules of the Senate, as the 

12 case may be, to the procedure relating to the joint 

13 resolution of disapproval shall be decided without de14 bate. 

15 (7) CONSIDERATION OF VETO MESSAGES.—De16 bate in the Senate of any veto message with respect 

17 to a joint resolution of disapproval, including all de18 batable motions and appeals in connection with such 

19 joint resolution, shall be limited to 10 hours, to be 

20 equally divided between, and controlled by, the ma21 jority leader and the minority leader or their des22 ignees. 

23 (e) PROCEDURES IN THE SENATE.—Except as other24 wise provided in this section, the following procedures 


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1 shall apply in the Senate to a joint resolution of dis2 approval to which this section applies: 

3 (1) Except as provided in paragraph (2), a joint 

4 resolution of disapproval that has been passed by the 

5 House of Representatives shall, when received in the 

6 Senate, be referred to the Committee on Foreign Re7 lations of the Senate for consideration in accordance 

8 with this subsection. 

9 (2) If a joint resolution of disapproval to which 

10 this section applies was introduced in the Senate be11 fore receipt of a joint resolution of disapproval that 

12 has passed the House of Representatives, the joint 

13 resolution from the House of Representatives shall, 

14 when received in the Senate, be placed on the cal15 endar. If this paragraph applies, the procedures in 

16 the Senate with respect to a joint resolution of dis17 approval introduced in the Senate that contains the 

18 identical matter as a joint resolution of disapproval 

19 that passed the House of Representatives shall be 

20 the same as if no joint resolution of disapproval had 

21 been received from the House of Representatives, ex22 cept that the vote on passage in the Senate shall be 

23 on the joint resolution of disapproval that passed the 

24 House of Representatives. 


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1 (f) RULES OF THE HOUSE OF REPRESENTATIVES

2 AND THE SENATE.—This section is enacted by Con3 gress— 

4 (1) as an exercise of the rulemaking power of 

5 the Senate and the House of Representatives, re6 spectively, and as such is deemed a part of the rules 

7 of each House, respectively, but applicable only with 

8 respect to the procedure to be followed in that 

9 House in the case of a joint resolution of disapproval 

10 under this paragraph, and supersedes other rules 

11 only to the extent that it is inconsistent with such 

12 rules; and 

13 (2) with full recognition of the constitutional 

14 right of either House to change the rules (so far as 

15 relating to the procedure of that House) at any time, 

16 in the same manner, and to the same extent as in 

17 the case of any other rule of that House. 

18 Subtitle B—Other Matters To 

19 Counter Predatory Economic 

20 Practices by the People’s Re21 public of China 

22 SEC. 311. PREDATORY PRICING BY ENTITIES OWNED, CON23 TROLLED, OR DIRECTED BY A FOREIGN 

24 STATE. 

25 (a) PROHIBITED ACTS.— 


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1 (1) IN GENERAL.—No entity owned, controlled, 

2 or directed by a foreign state or an agent or instru3 mentality of a foreign state (as defined in section 

4 1603 of title 28, United States Code) and partici5 pating in international commerce may establish or 

6 set prices below the average variable cost in a man7 ner that may foreseeably harm competition. 

8 (2) ECONOMIC SUPPORT.—In determining the 

9 average variable cost under paragraph (1), the court 

10 may take into account the effects of economic sup11 port provided by the owning or controlling foreign 

12 state to the entity on a discriminatory basis that 

13 may allow the entity to unfairly price at or below 

14 marginal cost. 

15 (3) GOVERNMENT SUBSIDIES.—In determining 

16 the foreseeability of the elimination of market com17 petitors under paragraph (1), the court may take 

18 into account the aggravating factor of the actions of 

19 the foreign state owning or controlling the entity re20 ferred to in such paragraph to use government re21 sources to subsidize or underwrite the losses of the 

22 entity in a manner that allows the entity to sustain 

23 the predatory period and recoup its losses. 

24 (4) MARKET POWER NOT REQUIRED.—For the 

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1 graph (1), the plaintiff may not be required to dem2 onstrate that the defendant has monopoly or market 

3 power. 

4 (b) RECOVERY OF DAMAGES.—Any person (as de5 fined in section 1(a) of the Clayton Act (15 U.S.C. 12(a)) 

6 whose business or property is injured as a result of the 

7 actions of an entity described in subsection (a) shall be 

8 entitled to recovery from the defendant for damages and 

9 other related costs under section 4 of such Act (15 U.S.C. 

10 15). 

11 (c) ELEMENTS OF PRIMA FACIE CASE.—A plaintiff 

12 may initiate a claim against a defendant in an appropriate 

13 Federal court for a violation of subsection (a) in order to 

14 recover damages under subsection (b) by— 

15 (1) establishing, by a preponderance of the evi16 dence, that the defendant— 

17 (A) is a foreign state or an agency or in18 strumentality of a foreign state (as such terms 

19 are defined in section 1603 of title 28, United 

20 States Code); and 

21 (B) is not immune from the jurisdiction of 

22 the Federal court pursuant to section 

23 1605(a)(2) of title 28, United States Code; and 


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1 (2) setting forth sufficient evidence to establish 

2 a reasonable inference that the defendant has vio3 lated subsection (a). 

4 (d) COURT DETERMINATION LEADING TO EVI5 DENTIARY BURDEN SHIFTING TO DEFENDANT.—If a 

6 Federal court finds that a plaintiff has met its burden of 

7 proof under subsection (c), the court may determine 

8 that— 

9 (1) the plaintiff has established a prima facie 

10 case that the conduct of the defendant violated sub11 section (a); and 

12 (2) the defendant has the burden of rebutting 

13 such case by establishing that the defendant did not 

14 violate subsection (a). 

15 (e) FILING OF AMICUS BRIEFS BY THE DEPART16 MENT OF STATE AND THE DEPARTMENT OF JUSTICE RE17 GARDING INTERNATIONAL COMITY AND HARM TO COM18 PETITION.— 

19 (1) IN GENERAL.—For the purposes of consid20 ering questions of international comity with respect 

21 to making decisions regarding commercial activity 

22 and the scope of applicable sovereign immunity, the 

23 Federal court may receive and consider relevant 

24 amicus briefs filed by the Secretary. 


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1 (2) ATTORNEY GENERAL.—For the purposes of 

2 considering questions regarding assessing potential 

3 harm to competition, the Federal court may receive 

4 and consider relevant amicus briefs filed by the At5 torney General. 

6 (3) SAVINGS PROVISION.—Nothing in para7 graph (1) may be construed to limit the ability of 

8 the Federal court to receive and consider any other 

9 amicus briefs. 

10 SEC. 312. EXPANSION OF OFFENSE OF THEFT OF TRADE SE11 CRETS TO INCLUDE UNAUTHORIZED DEVEL12 OPMENT OF PRODUCTS AND DIGITAL ARTI13 CLES. 

14 (a) IN GENERAL.—Section 1832(a) of title 18, 

15 United States Code, is amended— 

16 (1) by redesignating paragraphs (4) and (5) as 

17 paragraphs (5) and (6), respectively; 

18 (2) by inserting after paragraph (3) the fol19 lowing: 

20 ‘‘(4) without authorization, modifies or develops 

21 a product or digital article that could not have been 

22 modified or developed in the same way without ac23 cess to such information;’’; and 


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1 (3) in paragraphs (5) and (6), as redesignated, 

2 by striking ‘‘(3)’’ each place it appears and inserting 

3 ‘‘(4)’’. 

4 (b) APPLICABILITY TO CONDUCT OUTSIDE THE

5 UNITED STATES.—Section 1837 of title 18, United States 

6 Code, is amended— 

7 (1) in paragraph (1), by striking ‘‘or’’ at the 

8 end; 

9 (2) in paragraph (2), by striking the period at 

10 the end and inserting ‘‘; or’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(3) in the case of a violation of section 

13 1832(a)(4), the offender attempts to import a prod14 uct or digital article described in such section into 

15 the United States.’’. 

16 (c) DEFINITIONS.—Section 1839 of title 18, United 

17 States Code, is amended— 

18 (1) in paragraph (3), in the matter preceding 

19 subparagraph (A), by inserting ‘‘data,’’ after ‘‘pro20 grams,’’; 

21 (2) in paragraph (6)(B), by striking ‘‘and’’ at 

22 the end; 

23 (3) in paragraph (7)— 

24 (A) by inserting an end quote after ‘‘pur25 poses’’; and 


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1 (B) by striking the end quote and final pe2 riod at the end and inserting ‘‘; and’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(8) the term ‘digital article’ means an algo5 rithm, digitized process, or database, or any other 

6 electronic technology that generates, stores, or proc7 esses data.’’. 

8 SEC. 313. REVIEW OF PETITIONS RELATED TO INTELLEC9 TUAL PROPERTY THEFT AND FORCED TECH10 NOLOGY TRANSFER. 

11 (a) DEFINITIONS.—In this section: 

12 (1) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional com14 mittees’’ means— 

15 (A) the Committee on Foreign Relations of 

16 the Senate; 

17 (B) the Committee on Banking, Housing, 

18 and Urban Affairs of the Senate; 

19 (C) the Committee on Commerce, Science, 

20 and Transportation of the Senate; 

21 (D) the Committee on the Judiciary of the 

22 Senate; 

23 (E) the Committee on Foreign Affairs of 

24 the House of Representatives; 


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1 (F) the Committee on Financial Services 

2 of the House of Representatives; 

3 (G) the Committee on Energy and Com4 merce of the House of Representatives; and 

5 (H) the Committee on the Judiciary of the 

6 House of Representatives. 

7 (2) COMMITTEE.—The term ‘‘Committee’’ 

8 means the committee established or designated pur9 suant to subsection (b). 

10 (3) FOREIGN PERSON.—The term ‘‘foreign per11 son’’ means a person that is not a United States 

12 person. 

13 (4) INTELLECTUAL PROPERTY.—The term ‘‘in14 tellectual property’’ means— 

15 (A) any work protected by a copyright 

16 under title 17, United States Code; 

17 (B) any property protected by a patent 

18 granted by the United States Patent and 

19 Trademark Office under title 35, United States 

20 Code; 

21 (C) any word, name, symbol, or device, or 

22 any combination thereof, that is registered as a 

23 trademark with the United States Patent and 

24 Trademark Office under the Act entitled ‘‘An 

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1 tion of trademarks used in commerce, to carry 

2 out the provisions of certain international con3 ventions, and for other purposes’’, approved 

4 July 5, 1946 (commonly known as the 

5 ‘‘Lanham Act’’ or the ‘‘Trademark Act of 

6 1946’’) (15 U.S.C. 1051 et seq.); 

7 (D) a trade secret (as defined in section 

8 1839 of title 18, United States Code); or 

9 (E) any other form of intellectual property. 

10 (5) UNITED STATES PERSON.—The term 

11 ‘‘United States person’’ means— 

12 (A) a United States citizen or an alien law13 fully admitted for permanent residence to the 

14 United States; or 

15 (B) an entity organized under the laws of 

16 the United States or any jurisdiction within the 

17 United States, including a foreign branch of 

18 such an entity. 

19 (b) ESTABLISHMENT OF A COMMITTEE.— 

20 (1) IN GENERAL.—The President shall— 

21 (A) establish a multi-agency committee to 

22 carry out this section; or 

23 (B) designate an existing multi-agency 

24 committee within the executive branch to carry 

25 out this section if the President determines that 


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1 such existing committee has the relevant exper2 tise and personnel to carry out this section. 

3 (2) MEMBERSHIP.—Except as provided under 

4 paragraph (3), the Committee shall be comprised 

5 of— 

6 (A) the Secretary of the Treasury; 

7 (B) the Secretary of Commerce; 

8 (C) the Secretary; 

9 (D) the Attorney General; 

10 (E) the Director of National Intelligence; 

11 and 

12 (F) the heads of such other agencies as the 

13 President determines appropriate, generally or 

14 on a case-by-case basis. 

15 (3) DESIGNEE.—An official specified in para16 graph (2) may select a designee to serve on the 

17 Committee from among individuals serving in posi18 tions appointed by the President by and with the ad19 vice and consent of the Senate. 

20 (4) CHAIR AND VICE CHAIR.—The President 

21 shall appoint a chairperson and a vice chairperson of 

22 the Committee from among the members of the 

23 Committee. 

24 (c) SUBMISSION OF PETITIONS.— 


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1 (1) IN GENERAL.—A United States person de2 scribed in paragraph (3) may submit a petition to 

3 the Committee requesting that the Committee— 

4 (A) review, in accordance with subsection 

5 (d), a significant act or series of acts described 

6 in paragraph (2) committed by a foreign per7 son; and 

8 (B) refer the matter to the President with 

9 a recommendation to impose sanctions pursuant 

10 to subsection (e) to address any threat to the 

11 national security of the United States posed by 

12 the significant act or series of acts. 

13 (2) SIGNIFICANT ACT OR SERIES OF ACTS DE14 SCRIBED.—A significant act or series of acts de15 scribed in this paragraph is a significant act or se16 ries of acts of— 

17 (A) theft of intellectual property of a 

18 United States person; or 

19 (B) forced transfer of technology that is 

20 the intellectual property of a United States per21 son. 

22 (3) UNITED STATES PERSON DESCRIBED.—A 

23 United States person is described in this paragraph 

24 if— 


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1 (A) a court of competent jurisdiction in the 

2 United States has rendered a final judgment in 

3 favor of the United States person that— 

4 (i) the foreign person identified in the 

5 petition submitted pursuant to paragraph 

6 (1) committed the significant act or series 

7 of acts identified in the petition; 

8 (ii) the United States person is the 

9 owner of the intellectual property identified 

10 in the petition; and 

11 (iii) the foreign person is using that 

12 intellectual property without the permis13 sion of the United States person; and 

14 (B) the United States person can provide 

15 clear and convincing evidence to the Committee 

16 that the value of the economic loss to the 

17 United States person resulting from the signifi18 cant act or series of acts exceeds $10,000,000. 

19 (d) REVIEW AND ACTION BY THE COMMITTEE.— 

20 (1) REVIEW.—Upon receiving a petition pursu21 ant to subsection (c), the Committee shall conduct 

22 a review of the petition in order to determine wheth23 er the imposition of sanctions pursuant to subsection 

24 (e) is necessary and appropriate to address any 

25 threat to the national security of the United States 


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1 posed by the significant act or series of acts identi2 fied in the petition. 

3 (2) ACTION.—After conducting a review pursu4 ant to paragraph (1) of a petition submitted pursu5 ant to subsection (c), the Committee may take no 

6 action, dismiss the petition, or refer the petition to 

7 the President with a recommendation with respect to 

8 whether to impose sanctions under subsection (e). 

9 (e) IMPOSITION OF SANCTIONS.— 

10 (1) IN GENERAL.—The President may impose 

11 the sanctions described in paragraph (3) with re12 spect to a foreign person identified in a petition sub13 mitted pursuant to subsection (c) if the President 

14 determines that imposing such sanctions is necessary 

15 and appropriate to address any threat to the na16 tional security of the United States posed by the sig17 nificant act or series of acts identified in the peti18 tion. 

19 (2) NOTICE TO CONGRESS.—Not later than 30 

20 days after the Committee refers a petition to the 

21 President with a recommendation pursuant to sub22 section (d)(2), the President shall submit to the ap23 propriate congressional committees a notice of the 

24 determination of the President under paragraph (1) 

25 with respect to whether or not to impose sanctions 


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1 described in paragraph (3) with respect to each for2 eign person identified in the petition. Each notice re3 quired under this paragraph shall be submitted in 

4 unclassified form, but may include a classified 

5 annex. 

6 (3) SANCTIONS DESCRIBED.—The sanctions 

7 that may be imposed pursuant to paragraph (1) with 

8 respect to a foreign person identified in a petition 

9 submitted pursuant to subsection (c) are the fol10 lowing: 

11 (A) EXPORT SANCTION.—The President 

12 may order the United States Government not to 

13 issue any specific license and not to grant any 

14 other specific permission or authority to export 

15 any goods or technology to the person under— 

16 (i) the Export Control Reform Act of 

17 2018 (50 U.S.C. 4801 et seq.); 

18 (ii) the Arms Export Control Act (22 

19 U.S.C. 2751 et seq.); 

20 (iii) the Atomic Energy Act of 1954 

21 (42 U.S.C. 2011 et seq.); or 

22 (iv) any other statute that requires 

23 the prior review and approval of the 

24 United States Government as a condition 


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1 for the export or reexport of goods or serv2 ices. 

3 (B) LOANS FROM UNITED STATES FINAN4 CIAL INSTITUTIONS.—The President may pro5 hibit any United States financial institution 

6 from making loans or providing credits to the 

7 person totaling more than $10,000,000 in any 

8 12-month period unless the person is engaged 

9 in activities to relieve human suffering and the 

10 loans or credits are provided for such activities. 

11 (C) LOANS FROM INTERNATIONAL FINAN12 CIAL INSTITUTIONS.—The President may direct 

13 the United States executive director to each 

14 international financial institution to use the 

15 voice and vote of the United States to oppose 

16 any loan from the international financial insti17 tution that would benefit the person. 

18 (D) PROHIBITIONS ON FINANCIAL INSTI19 TUTIONS.—The following prohibitions may be 

20 imposed against the person if the person is a fi21 nancial institution: 

22 (i) PROHIBITION ON DESIGNATION AS

23 PRIMARY DEALER.—Neither the Board of 

24 Governors of the Federal Reserve System 

25 nor the Federal Reserve Bank of New 


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1 York may designate, or permit the continu2 ation of any prior designation of, the fi3 nancial institution as a primary dealer in 

4 United States Government debt instru5 ments. 

6 (ii) PROHIBITION ON SERVICE AS A

7 REPOSITORY OF GOVERNMENT FUNDS.— 

8 The financial institution may not serve as 

9 agent of the United States Government or 

10 serve as repository for United States Gov11 ernment funds. 

12 (E) PROCUREMENT SANCTION.—The 

13 President may prohibit the United States Gov14 ernment from procuring, or entering into any 

15 contract for the procurement of, any goods or 

16 services from the person. 

17 (F) FOREIGN EXCHANGE.—The President 

18 may, pursuant to such regulations as the Presi19 dent may prescribe, prohibit any transactions in 

20 foreign exchange that are subject to the juris21 diction of the United States and in which the 

22 person has any interest. 

23 (G) BANKING TRANSACTIONS.—The Presi24 dent may, pursuant to such regulations as the 

25 President may prescribe, prohibit any transfers 


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1 of credit or payments between financial institu2 tions or by, through, or to any financial institu3 tion, to the extent that such transfers or pay4 ments are subject to the jurisdiction of the 

5 United States and involve any interest of the 

6 person. 

7 (H) PROPERTY TRANSACTIONS.—The 

8 President may, pursuant to such regulations as 

9 the President may prescribe, prohibit any per10 son from— 

11 (i) acquiring, holding, withholding, 

12 using, transferring, withdrawing, trans13 porting, importing, or exporting any prop14 erty that is subject to the jurisdiction of 

15 the United States and with respect to 

16 which the person identified in the petition 

17 has any interest; 

18 (ii) dealing in or exercising any right, 

19 power, or privilege with respect to such 

20 property; or 

21 (iii) conducting any transaction in22 volving such property. 

23 (I) BAN ON INVESTMENT IN EQUITY OR

24 DEBT OF SANCTIONED PERSON.—The President 

25 may, pursuant to such regulations or guidelines 


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1 as the President may prescribe, prohibit any 

2 United States person from investing in or pur3 chasing significant amounts of equity or debt 

4 instruments of the person. 

5 (J) EXCLUSION OF CORPORATE OFFI6 CERS.—The President may direct the Secretary 

7 to deny a visa to, and the Secretary of Home8 land Security to exclude from the United 

9 States, any alien that the President determines 

10 is a corporate officer or principal of, or a share11 holder with a controlling interest in, the person 

12 identified in the petition. 

13 (K) SANCTIONS ON PRINCIPAL EXECUTIVE

14 OFFICERS.—The President may impose on the 

15 principal executive officer or officers of the per16 son, or on individuals performing similar func17 tions and with similar authorities as such offi18 cer or officers, any of the sanctions described in 

19 this paragraph. 

20 (f) IMPLEMENTATION; PENALTIES.— 

21 (1) IMPLEMENTATION.—The President may ex22 ercise all authorities provided to the President under 

23 sections 203 and 205 of the International Emer24 gency Economic Powers Act (50 U.S.C. 1702 and 

25 1704) to carry out this section. 


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1 (2) PENALTIES.—Any person that violates, at2 tempts to violate, conspires to violate, or causes a 

3 violation of this section or any regulation, license, or 

4 order issued to carry out this section shall be subject 

5 to the penalties set forth in subsections (b) and (c) 

6 of section 206 of the International Emergency Eco7 nomic Powers Act (50 U.S.C. 1705) to the same ex8 tent as a person that commits an unlawful act de9 scribed in subsection (a) of such section. 

10 (g) CONFIDENTIALITY OF INFORMATION.— 

11 (1) IN GENERAL.—The Committee shall protect 

12 from disclosure any proprietary information sub13 mitted by a United States person and marked as 

14 business confidential information, unless the person 

15 submitting the information— 

16 (A) had notice, at the time of submission, 

17 that the information would be released by the 

18 Committee; or 

19 (B) subsequently consents to the release of 

20 the information. 

21 (2) TREATMENT AS TRADE SECRETS.—Propri22 etary information submitted by a United States per23 son pursuant to this section shall be— 

24 (A) considered to be trade secrets and 

25 commercial or financial information (as those 


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•S 5131 IS

1 terms are used for purposes of section 

2 552b(c)(4) of title 5, United States Code); and 

3 (B) exempt from disclosure without the ex4 press approval of the person. 

5 (h) RULEMAKING.—The President may prescribe 

6 such licenses, orders, and regulations as are necessary to 

7 carry out this section, including with respect to the process 

8 by which United States persons may submit petitions pur9 suant to subsection (c). 

10 SEC. 314. FOSTERING ENERGY DEVELOPMENT ALIGNED 

11 WITH PARTNER COUNTRY NEEDS. 

12 (a) IN GENERAL.—The Secretary may not exclude or 

13 otherwise limit the provision of funds that would otherwise 

14 have been available under any Federal law or regulation 

15 to support natural gas and civil nuclear energy projects, 

16 including market development, infrastructure, technology, 

17 or technical assistance on the basis that— 

18 (1) such projects result in new carbon emissions 

19 or associated infrastructure; 

20 (2) a higher-cost and lower-emissions alter21 native is available; or 

22 (3) lower cost alternatives are available where 

23 pricing does not take into account dispatchability, 

24 given the importance of flexible generation for en25 suring a stable and reliable power supply. 


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1 (b) PARTNER COUNTRY DRIVEN ENERGY

2 PROJECTS.—In prioritizing energy projects for which 

3 United States allies and partners are seeking assistance 

4 authorized to be appropriated under Federal law the Sec5 retary should take into consideration— 

6 (1) the objectives of improving— 

7 (A) energy access within the partner coun8 try; 

9 (B) energy security; and 

10 (C) economic needs of the host country; 

11 (2) appropriate coordination with host country 

12 government authorities; and 

13 (3) the national security or foreign policy inter14 ests of the United States. 

15 (c) ADDITIONAL FUNDING.—Federal foreign assist16 ance funds allocated to an energy project— 

17 (1) shall be in addition to investments made by 

18 the United States private sector and the private sec19 tor of United States partners or allied countries; and 

20 (2) should not displace or complicate private 

21 sector involvement in the development of host coun22 try energy resources. 

23 (d) CHIEF OF MISSION AUTHORITY.—The Secretary 

24 shall be responsible for the management and operation of 

25 commercial engagements on all energy projects conducted 


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1 under chief of mission authority at all United States em2 bassies. 

3 SEC. 315. OPPOSITION OF UNITED STATES TO AN INCREASE 

4 IN WEIGHT OF CHINESE RENMINBI IN SPE5 CIAL DRAWING RIGHTS BASKET OF INTER6 NATIONAL MONETARY FUND. 

7 (a) IN GENERAL.—The Secretary of the Treasury 

8 shall instruct the United States Governor of, and the 

9 United States Executive Director at, the International 

10 Monetary Fund to use the voice and vote of the United 

11 States to oppose any increase in the weight of the Chinese 

12 renminbi in the basket of currencies used to determine the 

13 value of Special Drawing Rights, unless the Secretary of 

14 the Treasury has submitted a written report to the Com15 mittee on Banking, Housing, and Urban Affairs of the 

16 Senate and the Committee on Financial Services of the 

17 House of Representatives that includes a certification 

18 that— 

19 (1) the PRC is in compliance with all its obliga20 tions under Article VIII of the Articles of Agreement 

21 of the Fund; 

22 (2) during the preceding 12 months, there has 

23 not been a report submitted under section 3005 of 

24 the Omnibus Trade and Competitiveness Act of 

25 1988 (22 U.S.C. 5305) or section 701 of the Trade 


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1 Facilitation and Trade Enforcement Act of 2015 (19 

2 U.S.C. 4421) in which the PRC has been found to 

3 have manipulated its currency; and 

4 (3) the PRC has instituted and is implementing 

5 the policies and practices necessary to ensure that 

6 the renminbi is freely usable (within the meaning of 

7 Article XXX(f) of the Articles of Agreement of the 

8 Fund). 

9 (b) SUNSET.—Subsection (a) shall have no force or 

10 effect beginning on the date that is 10 years after the date 

11 of the enactment of this Act. 

12 SEC. 316. STRENGTHENING CONGRESSIONAL OVERSIGHT 

13 OF SPECIAL DRAWING RIGHTS AT INTER14 NATIONAL MONETARY FUND. 

15 Section 6 of the Special Drawing Rights Act (22 

16 U.S.C. 286q) is amended— 

17 (1) in subsection (a)— 

18 (A) by striking ‘‘each basic period’’ and in19 serting ‘‘any 10-year period’’; and 

20 (B) by inserting ‘‘25 percent of’’ before 

21 ‘‘the United States quota’’; and 

22 (2) in subsection (b)(1)— 

23 (A) by inserting ‘‘, or consent to or acqui24 esce in such an allocation,’’ before ‘‘without 

25 consultations’’; and 


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1 (B) by striking ‘‘90 days’’ and inserting 

2 ‘‘180 days’’. 

3 SEC. 317. SECURITY AND OVERSIGHT FOR INTERNATIONAL 

4 LANDHOLDINGS. 

5 (a) REVIEW BY COMMITTEE ON FOREIGN INVEST6 MENT IN THE UNITED STATES OF CERTAIN AGRICUL7 TURAL REAL ESTATE TRANSACTIONS.—Section 

8 721(a)(4)(B) of the Defense Production Act of 1950, as 

9 amended by section 308, is further amended by adding 

10 at the end the following: 

11 ‘‘(vii) Any acquisition or transfer of 

12 an interest, other than a security, in agri13 cultural land held by a person that is a na14 tional of, or is organized under the laws or 

15 otherwise subject to the jurisdiction of, a 

16 country— 

17 ‘‘(I) designated as a nonmarket 

18 economy country pursuant to section 

19 771(18) of the Tariff Act of 1930 (19 

20 U.S.C. 1677(18)); or 

21 ‘‘(II) identified as a country that 

22 poses a risk to the national security of 

23 the United States in the most recent 

24 annual report on worldwide threats 

25 issued by the Director of National InVerDate Sep 11 2014 18:55 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\S5131.IS S5131

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1 telligence pursuant to section 108B of 

2 the National Security Act of 1947 (50 

3 U.S.C. 3043b) (commonly known as 

4 the ‘Annual Threat Assessment’).’’. 

5 (b) REVIEW BY COMMITTEE ON FOREIGN INVEST6 MENT IN THE UNITED STATES OF REAL ESTATE TRANS7 ACTIONS NEAR MILITARY INSTALLATIONS.—Section 

8 721(a)(4)(B) of the Defense Production Act of 1950, as 

9 amended by subsection (a) and sections 102(a)(1)(B) and 

10 308(a), is further amended by adding at the end the fol11 lowing: 

12 ‘‘(viii) Any acquisition or transfer of 

13 an interest, other than a security, in any 

14 form of real estate that is located not more 

15 than 50 miles from a military installation 

16 (as defined in section 2801(c)(4) of title 

17 10, United States Code) other than resi18 dential property held by a person that is a 

19 national of, or is organized under the laws 

20 or otherwise subject to the jurisdiction of, 

21 a country described in clause (vii).’’. 

22 (c) EXPANSION OF MEMBERSHIP IN COMMITTEE ON

23 FOREIGN INVESTMENT IN THE UNITED STATES.—Section 

24 721(k)(6) of the Defense Production Act of 1950 (50 

25 U.S.C. 4565(k)(6)) is amended to read as follows: 


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1 ‘‘(6) OTHER MEMBERS.—The chairperson shall 

2 include the heads of relevant departments, agencies, 

3 and offices (or the designee of any such head) in any 

4 review or investigation under subsection (b), on the 

5 basis of the facts and circumstances of the covered 

6 transaction under review or investigation.’’. 

7 (d) PROHIBITION ON USE OF FUNDS FOR CERTAIN

8 AGRICULTURAL REAL ESTATE HOLDINGS.—No assist9 ance, including subsidies, may be provided by any Federal 

10 agency to a person for an agricultural real estate holding 

11 wholly or partly owned by a person that is a national of, 

12 or is organized under the laws or otherwise subject to the 

13 jurisdiction of, a country described in section 

14 721(a)(4)(B)(viii) of the Defense Production Act of 1950, 

15 as added by subsection (a). 

16 (e) DISCLOSURE REQUIREMENTS FOR FOREIGN AG17 RICULTURAL REAL ESTATE HOLDINGS.— 

18 (1) REPORTING REQUIREMENTS.—Section 2(a) 

19 of the Agricultural Foreign Investment Disclosure 

20 Act of 1978 (7 U.S.C. 3501(a)) is amended— 

21 (A) in the first sentence of the matter pre22 ceding paragraph (1)— 

23 (i) by inserting ‘‘, or enters into a 

24 leasing agreement the period of which is 


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1 longer than 5 years with respect to agricul2 tural land,’’ after ‘‘agricultural land’’; and 

3 (ii) by striking ‘‘acquisition or trans4 fer’’ and inserting ‘‘acquisition, transfer, or 

5 lease’’; and 

6 (B) in paragraph (4), by striking ‘‘ac7 quired or transferred’’ and inserting ‘‘acquired, 

8 transferred, or leased’’. 

9 (2) REVOCATION OF MINIMUM ACREAGE RE10 QUIREMENT.—Section 9(1) of the Agricultural For11 eign Investment Disclosure Act of 1978 (7 U.S.C. 

12 3508(1)) is amended by inserting ‘‘, subject to the 

13 condition that the Secretary may not exclude land 

14 from this definition based on the acreage of the 

15 land’’ before the semicolon at the end. 

16 (f) REPORTS OF HOLDINGS OF AGRICULTURAL LAND

17 IN THE UNITED STATES BY FOREIGN PERSONS.—Section 

18 6 of the Agricultural Foreign Investment Disclosure Act 

19 of 1978 (7 U.S.C. 3505) is amended— 

20 (1) by striking the section designation and 

21 heading and all that follows through ‘‘Not later 

22 than’’ and inserting the following: 

23 ‘‘SEC. 6. REPORTS. 

24 ‘‘(a) TRANSMISSION OF REPORTS TO STATES.—Not 

25 later than’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(b) ANNUAL REPORT.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall pre4 pare and make publicly available an annual report 

5 describing holdings of agricultural land by foreign 

6 persons, as determined by the reports submitted 

7 pursuant to section 2, including— 

8 ‘‘(A) an analysis of the countries with the 

9 most extensive agricultural land holdings on a 

10 State-by-State and county-by-county basis; 

11 ‘‘(B) data and an analysis of agricultural 

12 land holdings in each county in the United 

13 States by a foreign person from— 

14 ‘‘(i) the People’s Republic of China; 

15 ‘‘(ii) the Russian Federation; or 

16 ‘‘(iii) any other country that the Sec17 retary determines to be appropriate; 

18 ‘‘(C) an analysis of the sectors and indus19 tries for which the agricultural land holdings 

20 are used; and 

21 ‘‘(D) in consultation with the Director of 

22 the United States Geological Survey, an identi23 fication of countries that own or lease water 

24 rights and mineral deposits on a State-by-State 

25 and county-by-county basis. 


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1 ‘‘(2) TRANSMISSION TO STATES.—The Sec2 retary shall transmit each report prepared pursuant 

3 to paragraph (1) to each State department of agri4 culture or appropriate State agency described in 

5 subsection (a) in conjunction with the applicable re6 ports transmitted pursuant to that subsection.’’. 

7 SEC. 318. INTELLECTUAL PROPERTY VIOLATORS LIST. 

8 (a) IN GENERAL.—Not later than 1 year after the 

9 date of the enactment of this Act, and not less frequently 

10 than annually thereafter for the following 5 years, the Sec11 retary, in coordination with the Secretary of Commerce, 

12 the Attorney General, the United States Trade Represent13 ative, and the Director of National Intelligence, shall cre14 ate a list (referred to in this section as the ‘‘IP violators 

15 list’’) that identifies— 

16 (1) all centrally administered state-owned enter17 prises incorporated in the People’s Republic of 

18 China that have benefitted from— 

19 (A) a significant act or series of acts of in20 tellectual property theft that subjected a United 

21 States economic sector or particular company 

22 incorporated in the United States to harm; or 

23 (B) an act or government policy of involun24 tary or coerced technology transfer of intellecVerDate Sep 11 2014 18:55 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\S5131.IS S5131

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1 tual property ultimately owned by a company 

2 incorporated in the United States; and 

3 (2) any corporate officer of, or principal share4 holder with controlling interests in, an entity de5 scribed in paragraph (1). 

6 (b) RULES FOR IDENTIFICATION.—To determine 

7 whether there is a credible basis for determining that a 

8 company should be included on the IP violators list, the 

9 Secretary, in coordination with the Secretary of Com10 merce, the United States Trade Representative, and the 

11 Director of National Intelligence, shall consider— 

12 (1) any finding by a United States court that 

13 the company has violated relevant United States 

14 laws intended to protect intellectual property rights; 

15 or 

16 (2) substantial and credible information re17 ceived from any entity described in subsection (c) or 

18 other interested persons. 

19 (c) CONSULTATION.—In carrying out this section, the 

20 Secretary, in coordination with the Secretary of Com21 merce, the United States Trade Representative, and the 

22 Director of National Intelligence, may consult, as nec23 essary and appropriate, with— 

24 (1) other Federal agencies, including inde25 pendent agencies; 


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1 (2) the private sector; 

2 (3) civil society organizations with relevant ex3 pertise; and 

4 (4) the Governments of Australia, of Canada, of 

5 the European Union, of Japan, of New Zealand, of 

6 South Korea, and of the United Kingdom. 

7 (d) REPORT.— 

8 (1) IN GENERAL.—The Secretary shall publish, 

9 in the Federal Register, an annual report that— 

10 (A) lists the companies engaged in the ac11 tivities described in subsection (a)(1); 

12 (B) describes the circumstances sur13 rounding actions described in subsection (a)(2), 

14 including any role of the Government of the 

15 People’s Republic of China; 

16 (C) assesses, to the extent practicable, the 

17 economic advantage derived by the companies 

18 engaged in the activities described in subsection 

19 (a)(1); and 

20 (D) assesses whether each company en21 gaged in the activities described in subsection 

22 (a)(1) is using or has used the stolen intellec23 tual property in commercial activity in Aus24 tralia, Canada, the European Union, Japan, 


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1 New Zealand, South Korea, the United King2 dom, or the United States. 

3 (2) FORM.—The report published pursuant to 

4 paragraph (1) shall be published in unclassified 

5 form, but may include a classified annex. 

6 (e) DECLASSIFICATION AND RELEASE.—The Direc7 tor of National Intelligence may authorize the declassifica8 tion of information, as appropriate, used to prepare the 

9 report published pursuant to subsection (d). 

10 (f) REQUIREMENT TO PROTECT BUSINESS-CON11 FIDENTIAL INFORMATION.— 

12 (1) IN GENERAL.—The Secretary and the heads 

13 of all other Federal agencies involved in the produc14 tion of the IP violators list shall protect from disclo15 sure any proprietary information submitted by a pri16 vate sector participant and marked as business-con17 fidential information, unless the party submitting 

18 the confidential business information— 

19 (A) had notice, at the time of submission, 

20 that such information would be released by the 

21 Secretary; or 

22 (B) subsequently consents to the release of 

23 such information. 

24 (2) NONCONFIDENTIAL VERSION OF REPORT.— 

25 If confidential business information is provided by a 


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1 private sector participant, a nonconfidential version 

2 of the report under subsection (d) shall be published 

3 in the Federal Register that summarizes or deletes, 

4 if necessary, such confidential business information. 

5 (3) TREATMENT AS TRADE SECRETS.—Propri6 etary information submitted by a private party pur7 suant to this section— 

8 (A) shall be considered to be trade secrets 

9 and commercial or financial information (as de10 fined under section 552(b)(4) of title 5, United 

11 States Code); and 

12 (B) shall be exempt from disclosure with13 out the express approval of the private party. 

14 SEC. 319. ANNUAL REVIEW OF THE PRESENCE OF CHINESE 

15 COMPANIES IN UNITED STATES CAPITAL 

16 MARKETS. 

17 (a) DEFINED TERM.—In this section, the term ‘‘ap18 propriate committees of Congress’’ means— 

19 (1) the Committee on Foreign Relations of the 

20 Senate; 

21 (2) the Select Committee on Intelligence of the 

22 Senate; 

23 (3) the Committee on Banking, Housing, and 

24 Urban Affairs of the Senate; 


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1 (4) the Committee on Foreign Affairs of the 

2 House of Representatives; 

3 (5) the Permanent Select Committee on Intel4 ligence of the House of Representatives; and 

5 (6) the Committee on Financial Services of the 

6 House of Representatives. 

7 (b) REPORT.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of the enactment of this Act, and an10 nually thereafter for the following 5 years, the Sec11 retary, in consultation with the Director of National 

12 Intelligence and the Secretary of the Treasury, shall 

13 submit an unclassified report to the appropriate 

14 committees of Congress that describes the risks 

15 posed to the United States by the presence in 

16 United States capital markets of companies incor17 porated in the PRC. 

18 (2) MATTERS TO BE INCLUDED.—The report 

19 required under paragraph (1) shall— 

20 (A) identify companies incorporated in the 

21 PRC that— 

22 (i) are listed or traded on 1 or more 

23 stock exchanges within the United States, 

24 including over-the-counter market and ‘‘A 

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1 traded funds out of mainland exchanges in 

2 the PRC; and 

3 (ii) based on the factors for consider4 ation described in paragraph (3), have 

5 knowingly and materially contributed to— 

6 (I) activities that undermine 

7 United States national security; 

8 (II) serious abuses of internation9 ally recognized human rights; or 

10 (III) a substantially increased fi11 nancial risk exposure for United 

12 States-based investors; 

13 (B) describe the activities of the companies 

14 identified pursuant to subparagraph (A), and 

15 their implications for the United States; and 

16 (C) develop policy recommendations for the 

17 United States Government, State governments, 

18 United States financial institutions, United 

19 States equity and debt exchanges, and other 

20 relevant stakeholders to address the risks posed 

21 by the presence in United States capital mar22 kets of the companies identified pursuant to 

23 subparagraph (A). 

24 (3) FACTORS FOR CONSIDERATION.—In pre25 paring the report required under paragraph (1), the 


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1 President shall consider whether a company identi2 fied pursuant to paragraph (2)(A)— 

3 (A) has materially contributed to the devel4 opment or manufacture, or sold or facilitated 

5 procurement by the People’s Liberation Army, 

6 of lethal military equipment or component parts 

7 of such equipment; 

8 (B) has contributed to the construction 

9 and militarization of features in the South 

10 China Sea; 

11 (C) has been sanctioned by the United 

12 States or has been determined to have con13 ducted business with sanctioned entities; 

14 (D) has engaged in an act or a series of 

15 acts of intellectual property theft; 

16 (E) has engaged in corporate or economic 

17 espionage; 

18 (F) has contributed to the proliferation of 

19 nuclear or missile technology in violation of 

20 United Nations Security Council resolutions or 

21 United States sanctions; 

22 (G) has contributed to the repression of re23 ligious and ethnic minorities within the PRC, 

24 including in the Xinjiang Uyghur Autonomous 

25 Region or the Tibet Autonomous Region; 


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1 (H) has contributed to the development of 

2 technologies that enable censorship directed or 

3 directly supported by the Government of the 

4 PRC; 

5 (I) has failed to comply fully with Federal 

6 securities laws (including required audits by the 

7 Public Company Accounting Oversight Board) 

8 and ‘‘material risk’’ disclosure requirements of 

9 the Securities and Exchange Commission; or 

10 (J) has contributed to other activities or 

11 behavior determined to be relevant by the Presi12 dent. 

13 (c) FORM.—The report required under subsection 

14 (b)(1) shall be submitted in unclassified form, but may 

15 include a classified annex. 

16 (d) PUBLICATION.—The unclassified portion of the 

17 report under subsection (b)(1) shall be made accessible to 

18 the public online through relevant United States Govern19 ment websites. 

20 SEC. 320. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

21 PROCUREMENT OF CERTAIN BATTERIES. 

22 (a) LIMITATION.—Beginning on October 1, 2027, 

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1 pended to procure a battery produced by an entity speci2 fied in subsection (b). 

3 (b) ENTITIES SPECIFIED.—The entities specified in 

4 this subsection are the following: 

5 (1) Contemporary Amperex Technology Com6 pany, Limited (also known as ‘‘CATL’’). 

7 (2) BYD Company, Limited. 

8 (3) Envision Energy, Limited. 

9 (4) EVE Energy Company, Limited. 

10 (5) Gotion High tech Company, Limited. 

11 (6) Hithium Energy Storage Technology com12 pany, Limited. 

13 (7) Any successor to an entity specified in para14 graphs (1) through (6). 

15 (c) TREATMENT OF PRODUCTION.—For purposes of 

16 this section, a battery shall be treated as having been pro17 duced by an entity specified in subsection (b) if such enti18 ty— 

19 (1) assembles or manufactures the final prod20 uct; or 

21 (2) creates or otherwise provides a majority of 

22 the components used in the battery. 

23 (d) NATIONAL INTEREST WAIVER.—The Secretary 

24 may waive the limitation under subsection (a) if the SecVerDate Sep 11 2014 18:55 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\S5131.IS S5131

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1 retary submits to the appropriate congressional commit2 tees— 

3 (1) a written determination that such waiver is 

4 important to the national interests of the United 

5 States; and 

6 (2) a detailed explanation of how such waiver is 

7 important to such interests. 

8 SEC. 321. ENDING SUPPORT FOR PRC CONTRACTS AT THE 

9 WORLD BANK. 

10 (a) INVESTMENT PROJECT FINANCING CON11 TRACTS.—The Secretary of the Treasury shall instruct the 

12 United States Executive Director at the International 

13 Bank for Reconstruction and Development to use the 

14 voice, vote, and influence of the United States— 

15 (1) to limit the awarding of Investment Project 

16 Financing contracts to entities or individuals orga17 nized under the laws of, or otherwise subject to the 

18 jurisdiction of, the People’s Republic of China, in19 cluding entities owned or controlled by the Govern20 ment of the People’s Republic of China; 

21 (2) to limit the awarding of Investment Project 

22 Financing contracts to entities listed on— 

23 (A) the Non-SDN Chinese Military-Indus24 trial Complex Entities List (‘‘NS-CMIC List’’) 

25 or any of their subsidiaries; 


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1 (B) entities or individuals on the Specially 

2 Designated Nationals List (‘‘SDN List’’); 

3 (C) the Consolidated Sanctions List 

4 (‘‘Non-SDN List’’); 

5 (D) the Sectoral Sanctions Identifications 

6 List (‘‘SSI List’’); 

7 (E) the Foreign Sanctions Evaders List 

8 (‘‘FSE List’’); 

9 (F) the List of Foreign Financial Institu10 tions Subject to Correspondent Account or Pay11 able-Through Account Sanctions (‘‘CAPTA 

12 List’’); 

13 (G) the Non-SDN Menu-Based Sanctions 

14 List (‘‘NS-MBS List’’); 

15 (H) the Covered List; 

16 (I) the Entity List; 

17 (J) the Military End-User List; and 

18 (K) the Consolidated Screening List; and 

19 (3) to encourage the adoption of sanctions and 

20 export control lists as appropriate as criteria in fu21 ture iterations of the World Bank Procurement 

22 Framework or successor guidance documents for In23 vestment Project Financing projects. 

24 (b) REPORT.—Beginning in the first calendar year 

25 beginning after the date of the enactment of this Act, the 


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1 Department of the Treasury, as part of the Annual Report 

2 to Congress from the Chairman of the National Advisory 

3 Council on International Monetary and Financial Policies, 

4 shall include— 

5 (1) information regarding any contracts award6 ed by the World Bank Group, the European Bank 

7 for Reconstruction and Development, the Asian De8 velopment Bank, the African Development Bank, 

9 and the Inter-American Development Bank to enti10 ties described in paragraphs (1) and (2) of sub11 section (a) during the preceding calendar year, in12 cluding— 

13 (A) the title or other identifying name of 

14 the project; 

15 (B) a description of the project; 

16 (C) the location of the project; 

17 (D) the amount of funding or financing al18 located for the project; 

19 (E) the amount of funding or financing 

20 disbursed under the project; and 

21 (F) a summary of the status of the imple22 mentation of the project; 

23 (2) to the greatest extent possible, information 

24 regarding any other entities that submitted bids for 

25 Investment Project Financing contracts ultimately 


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1 awarded to persons or entities described in para2 graph (1) or (2) of subsection (a) during the pre3 ceding calendar year; 

4 (3) records of votes held by the World Bank 

5 Group Boards of Governors in the preceding cal6 endar year regarding policies related to the World 

7 Bank Procurement Framework; and 

8 (4) any changes to the Framework resulting 

9 from such votes. 

10 SEC. 322. REPORT ON UNITED STATES DEVELOPMENT EF11 FORTS TO COUNTER THE PRC’S BELT AND 

12 ROAD INITIATIVE. 

13 (a) DEFINED TERM.—In this section, the term ‘‘ap14 propriate congressional committees’’ means— 

15 (1) the Committee on Foreign Relations of the 

16 Senate; and House Committee on Foreign Affairs; 

17 (2) the Committee on Commerce, Science, and 

18 Transportation of the Senate; 

19 (3) the Committee on Banking, Housing, and 

20 Urban Affairs of the Senate; 

21 (4) the Committee on Finance of the Senate; 

22 (5) the Committee on Foreign Affairs of the 

23 House of Representatives; 

24 (6) the Committee on Energy and Commerce of 

25 the House of Representatives; 


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1 (7) the Committee on Financial Services of the 

2 House of Representatives; and 

3 (8) the Committee on Ways and Means of the 

4 House of Representatives. 

5 (b) IN GENERAL.—Not later than 180 days after the 

6 date of the enactment of this Act, the Secretary shall sub7 mit a report to the appropriate congressional committees 

8 that includes— 

9 (1) a description of the current interagency 

10 process for coordinating international development 

11 projects and investments among— 

12 (A) the Department of State; 

13 (B) the United States Agency for Inter14 national Development; 

15 (C) the Millennium Challenge Corporation; 

16 (D) the United States Trade and Develop17 ment Agency; 

18 (E) the Department of Commerce; 

19 (F) the Department of the Treasury; 

20 (G) the Export-Import Bank of the United 

21 States; 

22 (H) the Office of the United States Trade 

23 Representative; and 

24 (I) other executive branch agencies that 

25 the Secretary considers relevant to such report; 


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1 (2) a list of interagency priorities when identi2 fying and pursing joint or complementary inter3 national development projects; 

4 (3) the extent to which the interagency process 

5 for identifying and pursing international develop6 ment projects considers competition with the PRC 

7 and its Belt and Road Initiative; 

8 (4) the extent to which such interagency proc9 ess consults with the Department of Defense for 

10 guidance on projects or investments that might ad11 vance United States national security interests as 

12 laid out in the National Security Strategy and the 

13 National Defense Strategy; 

14 (5) an interagency strategy for identifying 

15 international development projects that can be pur16 sued jointly or in a complementary fashion with 

17 other United States development agencies and initia18 tives, including how United States Government de19 velopment agencies can work together to counter the 

20 PRC’s Belt and Road Initiative; 

21 (6) how the interagency process works with 

22 global partners and allies, including international de23 velopment bodies, to compete with the PRC and its 

24 Belt and Road Initiative; and 


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1 (7) strategic industries or regions where the 

2 United States Government and its foreign partners 

3 should pursue more international development 

4 projects in order to compete with the PRC and its 

5 Belt and Road initiative. 

6 TITLE IV—STRENGTHENING SE7 CURITY ALLIANCES AND 

8 PARTNERSHIPS 

9 Subtitle A—International Security 

10 Partners 

11 SEC. 401. DEFINED TERM. 

12 In this subtitle, the term ‘‘appropriate committees of 

13 Congress’’ means— 

14 (1) the Committee on Foreign Relations of the 

15 Senate; 

16 (2) the Committee on Armed Services of the 

17 Senate; 

18 (3) the Committee on Foreign Affairs of the 

19 House of Representatives; and 

20 (4) the Committee on Armed Services of the 

21 House of Representatives. 

22 SEC. 402. RESTRICTION ON TRACK 1.5 DIALOGUES WITH 

23 THE PEOPLE’S REPUBLIC OF CHINA. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that— 


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1 (1) the PRC has undertaken a breathtaking ex2 pansion of its nuclear weapons and missile arsenal 

3 and is now engaged in a sprint to strategic parity 

4 with the United States; 

5 (2) the PRC has failed to respond to United 

6 States efforts to participate in confidence-building 

7 measures related to strategic issues or to establish 

8 official dialogues with the United States on crisis 

9 stability and arms race stability; 

10 (3) the PRC is not implementing previously 

11 agreed to military-to-military confidence-building 

12 measures that require notification of major military 

13 exercises, nor is it adhering to the Memorandum of 

14 Understanding on the Rules of Behavior for Safety 

15 of Air and Maritime Encounters between the De16 partment of Defense of the United States of Amer17 ica and the Ministry of National Defense of the Peo18 ple’s Republic of China, done at Washington and 

19 Beijing November 9, 2014, or its supplemental 

20 agreements; 

21 (4) the PRC is failing to adhere to its commit22 ment under Article VI of the Treaty on the Non23 Proliferation of Nuclear Weapons, done at Wash24 ington, London, and Moscow July 1, 1968 (com25 monly referred to as the ‘‘Nuclear Nonproliferation 


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1 Treaty’’ or the ‘‘NPT’’), ‘‘to pursue negotiations in 

2 good faith on effective measures relating to cessation 

3 of the nuclear arms race at an early date and to nu4 clear disarmament, and on a treaty on general and 

5 complete disarmament under strict and effective 

6 international control’’; 

7 (5) the PRC’s nuclear weapons expansion is de8 signed to undermine extended deterrence commit9 ments made by the United States to allies in the 

10 Indo-Pacific region; 

11 (6) Sino-Russian nuclear energy cooperation is 

12 designed in part to generate additional fissile mate13 rial to help fuel the PRC’s nuclear weapons expan14 sion; 

15 (7) the Chinese Communist Party (CCP) does 

16 not share the United States interest in preventing 

17 proliferation and has been a central contributor to 

18 fostering the nuclear weapons and ballistic missile 

19 programs of Pakistan, North Korea, and Iran; 

20 (8) the United States should not continue to so21 licit Chinese participation in arms control talks; 

22 (9) multilateral fora like P–5 meetings of the 

23 nuclear-weapon states (as defined in the Nuclear 

24 Nonproliferation Treaty) are ineffective and are used 


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1 by the Chinese Communist Party to create the ap2 pearance of cooperation; and 

3 (10) the United States should cease funding 

4 and participating in Track 1.5 dialogues with the 

5 PRC on nuclear weapons, strategic space, and mis6 sile defense, which— 

7 (A) have not led to beneficial outcomes in 

8 government-to-government discussions on those 

9 topics; and 

10 (B) provide the PRC with insight and 

11 know-how into nuclear strategy and other topics 

12 without providing reciprocal insight for the 

13 United States. 

14 (b) DEFINED TERM.—In this section, the term 

15 ‘‘Track 1.5 dialogue’’ means a dialogue or other meeting 

16 on a policy issue or issues that includes nongovernment 

17 representatives and government representatives. 

18 (c) LIMITATION ON USE OF FUNDS.—No amounts 

19 appropriated or otherwise made available to the Depart20 ment of State or the Department of Defense may be obli21 gated or expended for any diplomatic or military-to-mili22 tary Track 1.5 dialogues on nuclear, missile defense, or 

23 space policy with any entity under the direct control of 

24 the Chinese Communist Party or the Government of the 

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1 eign Affairs, the Ministry of Defense, or the People’s Lib2 eration Army of the People’s Republic of China. 

3 SEC. 403. REFOCUSING INTERNATIONAL SECURITY EF4 FORTS FOR STRATEGIC COMPETITION. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) the size of the United States diplomatic 

8 corps and the civil service workforce of the Depart9 ment of State must be sufficient to meet the current 

10 and emerging security challenges of the 21st cen11 tury, particularly those posed by the People’s Repub12 lic of China and the Russian Federation; 

13 (2) an increased focus on the PRC in the inter14 national security sphere is necessary to achieve ob15 jectives of the Department in strategic affairs and 

16 nonproliferation; 

17 (3) the focus described in paragraph (2) must 

18 be implemented with attention on increasing the 

19 number of Foreign Service officers and civil servants 

20 at the Department— 

21 (A) to ensure the Department is resourced 

22 at sufficient levels such that diplomatic tools re23 main central to the implementation of a long24 term competitive strategy with the PRC; and 


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1 (B) to coordinate with efforts of allies and 

2 partners to improve the security of the United 

3 States and advance allied interests in the face 

4 of the military modernization and expansion of 

5 the PRC; 

6 (4) the centrality of traditional legally binding 

7 arms control agreements in United States national 

8 security policy is likely to diminish in an era of stra9 tegic competition with the Russian Federation and 

10 the PRC; 

11 (5) emerging technologies such as cyber, artifi12 cial intelligence, quantum technologies, space, 

13 hypersonic missiles, and fractional orbit bombard14 ment systems, and advances in missile defense sys15 tems, will increasingly impact the strategic balance 

16 between the United States and its great power ad17 versaries; and 

18 (6) strategic threats will be increasingly ad19 dressed through risk reduction measures such as the 

20 promotion of international norms in multilateral fo21 rums, increasing communication and predictability 

22 with adversaries, and close cooperation and security 

23 integration with allies and partners. 

24 (b) STATEMENT OF POLICY.—It shall be the policy 

25 of the United States— 


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1 (1) to ensure funding levels for the Department 

2 of State for international security reflect the impor3 tance and significance of the Indo-Pacific region to 

4 the political, economic, and security interests of the 

5 United States; 

6 (2) to increase funding and the proportion of 

7 personnel dedicated to the Indo-Pacific region re8 spective to the international security budget of the 

9 Department of State; and 

10 (3) to confront the current limitations on 

11 United States Foreign Service Officer exposure to 

12 the Russian Federation by maintaining education 

13 and focus on Russian culture, politics, military strat14 egy, and language. 

15 (c) ACTION PLAN.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of the enactment of this Act, the Sec18 retary shall submit to the appropriate congressional 

19 committees an action plan that— 

20 (A) identifies the requirements to advance 

21 the international security objectives of the 

22 United States in the Indo-Pacific region and 

23 the personnel and budgetary resources needed 

24 to meet those requirements, assuming an un25 constrained resource environment; 


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1 (B) identifies the offices responsible for 

2 managing bilateral and multilateral arms con3 trol, nonproliferation, and disarmament agree4 ments that are expired, are expiring, or the 

5 United States has withdrawn from, and a de6 scription of how the missions of those offices 

7 could be revised to focus on competitive strate8 gies and risk reduction initiatives in the Indo9 Pacific region; 

10 (C) identifies any staff positions related to 

11 arms control efforts that adversaries are not 

12 participating in or cooperating with, and a de13 scription of how those positions could be reallo14 cated; 

15 (D) includes a plan for increasing the por16 tion of the international security budget of the 

17 Department of State dedicated to the Indo-Pa18 cific region, including through the reallocation 

19 of personnel and resources, with a focus on the 

20 threat posed by the military modernization and 

21 expansion of the PRC; 

22 (E) includes a plan for increasing the 

23 number of positions in bureaus of the Depart24 ment that report to the Under Secretary of 

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1 rity and in overseas missions with responsibility 

2 for the Indo-Pacific region, including a descrip3 tion of such increases and how such increases 

4 will advance United States objectives in the 

5 Indo-Pacific region; 

6 (F) describes concrete, annual benchmarks 

7 that the Department will meet in implementing 

8 the action plan; and 

9 (G) describes any barriers to implementing 

10 the action plan. 

11 (2) UPDATES.—During the 2-year period begin12 ning on the date on which the action plan is sub13 mitted pursuant to paragraph (1), the Secretary 

14 shall submit to the appropriate congressional com15 mittees semiannual updates on the implementation 

16 of the action plan that includes— 

17 (A) supporting data; and 

18 (B) a detailed assessment of benchmarks 

19 that have been met. 

20 SEC. 404. REPORT ON DIPLOMATIC OUTREACH WITH RE21 SPECT TO PRC MILITARY INSTALLATIONS 

22 OVERSEAS. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of the enactment of this Act, the Secretary, in con25 sultation with the Secretary of Defense, shall submit a reVerDate Sep 11 2014 18:55 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\S5131.IS S5131

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1 port to the appropriate committees of Congress regarding 

2 United States diplomatic engagement with other countries 

3 that host or are considering hosting any military installa4 tion of the Government of the PRC. 

5 (b) MATTERS TO BE INCLUDED.—The report re6 quired under subsection (a) shall— 

7 (1) list the countries that currently host or are 

8 considering hosting any military installation of the 

9 Government of the PRC; 

10 (2) describe in detail United States diplomatic 

11 and related efforts to engage countries that are con12 sidering hosting a military installation of the Gov13 ernment of the PRC, and the results of such efforts; 

14 (3) assess the adverse impact on United States 

15 interests of the Government of the PRC successfully 

16 establishing a military installation at any of the lo17 cations it is currently considering; 

18 (4) describe and list any commercial ports out19 side of the PRC that the United States Government 

20 assesses could be used by the Government of the 

21 PRC for military purposes, and any diplomatic ef22 forts to engage the governments of the countries 

23 where such ports are located; 


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1 (5) describe the impact of the military installa2 tions of the Government of the PRC on United 

3 States interests; and 

4 (6) include lessons learned from the diplomatic 

5 experience of addressing the PRC’s first overseas 

6 base in Djibouti. 

7 (c) FORM OF REPORT.—The report required under 

8 subsection (a) shall be submitted in classified form, but 

9 may include an unclassified summary. 

10 SEC. 405. LIMITATION ON ASSISTANCE TO COUNTRIES 

11 HOSTING PRC MILITARY INSTALLATIONS. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) although it casts the Belt and Road Initia15 tive as a development initiative, the PRC is also uti16 lizing the Belt and Road Initiative to advance its 

17 own security interests, including to expand its power 

18 projection capabilities and facilitate greater access 

19 for the People’s Liberation Army through overseas 

20 military installations; and 

21 (2) the expansion of the People’s Liberation 

22 Army globally through overseas military installations 

23 will undermine the medium- and long-term security 

24 of the United States and the security and develop25 ment of strategic partners in critical regions around 


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1 the world, which is at odds with United States goals 

2 to promote peace, prosperity, and self-reliance 

3 among partner nations, including through the Mil4 lennium Challenge Corporation. 

5 (b) LIMITATION ON ASSISTANCE.—Except as pro6 vided under subsection (c), for fiscal years 2024 through 

7 2033, the government of a country that is hosting on its 

8 territory a military installation of the Government of the 

9 People’s Republic of China or facilitates the expansion of 

10 the presence of the People’s Liberation Army for purposes 

11 other than participating in United Nations peacekeeping 

12 operations or for temporary humanitarian, medical, and 

13 disaster relief operations in such country shall not be eligi14 ble for assistance under section 609 or 616 of the Millen15 nium Challenge Act of 2003 (22 U.S.C. 7708, 7715). 

16 (c) NATIONAL INTEREST WAIVER.—The President, 

17 on a case by case basis, may waive the limitation under 

18 subsection (b) if the President submits to the appropriate 

19 congressional committees— 

20 (1) a written determination that such waiver is 

21 important to the national interests of the United 

22 States; and 

23 (2) a detailed explanation of how the waiver is 

24 important to such interests. 


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1 SEC. 406. AMENDMENT TO THE STOP HARBORING IRANIAN 

2 PETROLEUM ACT. 

3 The Stop Harboring Iranian Petroleum Act (division 

4 J of Public Law 118–50) is amended— 

5 (1) by redesignating section 6 as section 7; and 

6 (2) inserting after section 5 the following: 

7 ‘‘SEC. 6. COOPERATIVE AGREEMENTS TO PROTECT AMERI8 CANS FROM DRONE ATTACKS. 

9 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Con10 gress that— 

11 ‘‘(1) the United States condemns the January 

12 28, 2024, drone attack on Tower 22 in Jordan by 

13 Iranian-backed militias that tragically took the lives 

14 of 3 American servicemembers and wounded 47 oth15 ers; 

16 ‘‘(2) one-way attack drones and similar low-cost 

17 armed unmanned aerial systems are the most dan18 gerous asymmetric threat employed by Iranian19 aligned militias against Americans and American in20 terests; 

21 ‘‘(3) United States defense against drones relies 

22 on a patchwork of defensive systems, and the United 

23 States and like-minded partners need to develop de24 fensive systems that leverage innovation and are re25 sponsive to rapidly changing technology and attack 

26 methodologies; 


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1 ‘‘(4) the United States should improve coopera2 tion with like-minded partners to systematically map 

3 out, expose, and disrupt missile and drone procure4 ment networks used by the Iran-backed Houthi 

5 rebels in Yemen and other Iranian proxies targeting 

6 United States forces and assets and United States 

7 allies and partners in the region; 

8 ‘‘(5) the partner countries of the United States, 

9 including Iraq, Jordan, and countries on the Ara10 bian Peninsula, face urgent and emerging threats 

11 from unmanned aerial systems and other unmanned 

12 aerial vehicles; 

13 ‘‘(6) joint research and development to counter 

14 unmanned aerial systems will serve the national se15 curity interests of the United States and its partners 

16 in Iraq, Jordan, and on the Arabian Peninsula; 

17 ‘‘(7) development of counter Unmanned Air18 craft Systems technology will reduce the impacts of 

19 these attacks, build deterrence, and increase regional 

20 stability; and 

21 ‘‘(8) the United States and partners in Iraq, 

22 Jordan, and on the Arabian Peninsula should con23 tinue to work together to protect against the threat 

24 from unmanned aerial systems. 


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1 ‘‘(b) DEFINED TERM.—In this section, the term 

2 ‘Arabian Peninsula’ means Bahrain, Kuwait, Oman, 

3 Qatar, Saudi Arabia, the United Arab Emirates, and 

4 Yemen. 

5 ‘‘(c) AUTHORITY TO ENTER INTO A COOPERATIVE

6 AGREEMENT TO PROTECT AMERICANS IN IRAQ, JORDAN, 

7 AND ON THE ARABIAN PENINSULA FROM WEAPONIZED

8 UNMANNED AERIAL SYSTEMS.— 

9 ‘‘(1) IN GENERAL.—The President is author10 ized to enter into a cooperative project agreement 

11 with Iraq, Jordan, and countries on the Arabian Pe12 ninsula under the authority of section 27 of the 

13 Arms Export Control Act (22 U.S.C. 2767) to carry 

14 out research on and development, testing, evalua15 tion, and joint production (including follow-on sup16 port) of defense articles and defense services to de17 tect, track, and destroy armed unmanned aerial sys18 tems that threaten the United States and its part19 ners in Iraq, Jordan, and on the Arabian Peninsula. 

20 ‘‘(2) APPLICABLE REQUIREMENTS.— 

21 ‘‘(A) IN GENERAL.—The cooperative 

22 project agreement described in paragraph (1)— 

23 ‘‘(i) shall provide that any activities 

24 carried out pursuant to such agreement 

25 are subject to— 


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1 ‘‘(I) the applicable requirements 

2 described in subparagraphs (A), (B), 

3 and (C) of section 27(b)(2) of the 

4 Arms Export Control Act (22 U.S.C. 

5 2767(b)(2)); and 

6 ‘‘(II) any other applicable re7 quirements of the Arms Export Con8 trol Act (22 U.S.C. 2751 et seq.) with 

9 respect to the use, transfer, and secu10 rity of such defense articles and de11 fense services under such Act; 

12 ‘‘(ii) shall establish a framework to 

13 negotiate the rights to intellectual property 

14 developed under such agreement; and 

15 ‘‘(iii) shall be defensive in nature. 

16 ‘‘(B) CONGRESSIONAL NOTIFICATION RE17 QUIREMENTS.—Notwithstanding section 27(g) 

18 of the Arms Export Control Act (22 U.S.C. 

19 2767(g)), any defense articles that result from 

20 a cooperative project agreement shall be subject 

21 to the requirements under subsections (b) and 

22 (c) of section 36 of such Act (22 U.S.C. 2776). 

23 ‘‘(d) RULE OF CONSTRUCTION WITH RESPECT TO

24 USE OF MILITARY FORCE.—Nothing in this section may 


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1 be construed as an authorization for the use of military 

2 force.’’. 

3 SEC. 407. MISSILE TECHNOLOGY CONTROL REGIME PROVI4 SIONS. 

5 (a) DEFINITIONS.—In this section, the terms ‘‘Mis6 sile Technology Control Regime’’, ‘‘MTCR’’, and ‘‘MTCR 

7 equipment or technology’’ have the meanings given such 

8 terms in section 74(a) of the Arms Export Control Act 

9 (22 U.S.C. 2797c(a)). 

10 (b) MODIFICATION OF CERTAIN PROVISIONS RELAT11 ING TO BILATERAL AGREEMENTS AND AUKUS DEFENSE

12 TRADE COOPERATION UNDER THE ARMS EXPORT CON13 TROL ACT.—Section 38(j)(1)(C)(ii) of the Arms Export 

14 Control Act (22 U.S.C. 2778(j)(1)(C)(ii)) is amended— 

15 (1) by striking subclauses (I), (II), and (III); 

16 and 

17 (2) by redesignating subclauses (IV), (V), (VI), 

18 and (VII) as subclauses (I), (II), (III), and (IV), re19 spectively. 

20 (c) REPORT.— 

21 (1) IN GENERAL.—Not later than 90 days after 

22 the date of the enactment of this Act, the Secretary 

23 shall submit a report to the appropriate congres24 sional committees that includes— 


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1 (A) the opportunities and challenges 

2 United States participation in the Missile Tech3 nology Control Regime create— 

4 (i) in addressing missile proliferation 

5 threats, including a comprehensive descrip6 tion of diplomatic and technical engage7 ments with allies and partners regarding 

8 MTCR participation, guidelines, and 

9 standards; and 

10 (ii) regarding security cooperation 

11 with allies and partners, including a com12 prehensive description of diplomatic and 

13 technical engagements with allies and part14 ners regarding MTCR participation, guide15 lines, and standards; 

16 (B) an update on MTCR-related delibera17 tions and engagements specific to North Atlan18 tic Treaty Organization allies, Australia, and 

19 other partners and allies in the Indo-Pacific, in20 cluding— 

21 (i) technical consultations, diplomatic 

22 engagements, and export control regime 

23 consultations and assistance; and 

24 (ii) an enumeration of planned modi25 fications to or recommended changes to 


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1 address the need for expedited sales and 

2 transfer of MTCR-controlled systems to 

3 address threats to United States national 

4 security, including in the Indo-Pacific re5 gion; 

6 (C) a detailed description and assessment 

7 of disinformation and misinformation cam8 paigns or activities seeking to discredit or un9 dermine global nonproliferation regimes, includ10 ing such campaigns or activities conducted by 

11 the PRC, Iran, Russia, and North Korea and 

12 their assessed impact on such regimes; 

13 (D) a detailed description of Russia’s ef14 forts to disrupt consensus based decisions at 

15 the MTCR; 

16 (E) a detailed description and assessment 

17 of cooperation between the PRC, Iran, Russia, 

18 and North Korea relating to MTCR equipment 

19 or technologies; 

20 (F) a comprehensive list, disaggregated by 

21 category of MTCR equipment or technology, of 

22 all countries that sought to purchase MTCR 

23 equipment or technologies during the 10-year 

24 period ending on the date of the enactment of 

25 this Act, including— 


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1 (i) average time for an approval or 

2 disapproval decision; 

3 (ii) reasoning and procedures that led 

4 to an approval or disapproval decision; and 

5 (iii) details about countries that have 

6 repeatedly overcome the presumption of 

7 denial standard if and how the Department 

8 of State expedited considerations for fur9 ther requests; and 

10 (G) a comprehensive list, disaggregated by 

11 category of MTCR equipment or technology, of 

12 United States persons that have sought to ex13 port MTCR equipment or technologies to other 

14 countries, including— 

15 (i) average time for an approval or 

16 disapproval decision; 

17 (ii) reasoning and procedures that led 

18 to an approval or disapproval decision; 

19 (iii) information on those United 

20 States persons who have challenged any 

21 disapproval decision; and 

22 (iv) a detailed explanation of the proc23 ess United States persons can follow to ap24 peal a disapproval decision, including a de25 tailed licensing process that such persons 


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1 should expect to follow to in order to re2 ceive consideration for an approval deci3 sion. 

4 (2) FORM.—The report required under para5 graph (1) shall be submitted in unclassified form, 

6 but may include a classified annex. 

7 SEC. 408. STRENGTHENING EXTENDED NUCLEAR DETER8 RENCE IN THE KOREAN THEATER OF OPER9 ATIONS. 

10 (a) FINDINGS.—Congress finds the following: 

11 (1) United States extended deterrence commit12 ments to South Korea have failed to keep pace with 

13 the nuclear and strategic threats in East Asia, in 

14 particular those posed by North Korea. 

15 (2) In response to North Korea’s nuclear and 

16 missile program and the March 2010 sinking of the 

17 ROKS Cheonan (a South Korean Navy frigate) the 

18 Department of Defense established the United 

19 States-Republic of Korea Extended Deterrence Pol20 icy Committee (referred to in this section as the 

21 ‘‘EDPC’’) in October 2010— 

22 (A) to strengthen deterrence of North 

23 Korea; and 

24 (B) to enhance assurance of the South Ko25 rean public. 


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1 (3) In 2012, the EDPC agreed to begin work 

2 on a Tailored Deterrence Strategy which was en3 dorsed at the 45th United States-Republic of Korea 

4 Security Consultative Meeting on October 2nd, 2013 

5 and completed in 2014. 

6 (4) In 2015, the EDPC was merged with the 

7 Counter Missile Capabilities Committee and re8 named the Deterrence Strategy Committee with the 

9 express purpose of strengthening extended deter10 rence in response to advances in North Korea’s nu11 clear and missile programs. 

12 (5) North Korea conducted 2 nuclear weapons 

13 tests in 2016. In response to urgent requests from 

14 the Government of South Korea to further strength15 en extended deterrence, the United States and South 

16 Korea formed the Extended Deterrence Strategy 

17 Consultation Group (referred to in this section as 

18 the ‘‘EDSCG’’) with the Department of State and 

19 the Department of Defense co-chairing the EDSCG 

20 in a ‘‘2+2’’ format. 

21 (6) The purposes of the EDSCG are— 

22 (A) to elevate consultations to more senior 

23 levels; 


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1 (B) to develop concrete deterrence meas2 ures in response to the evolving threat from 

3 North Korea; and 

4 (C) to strengthen assurance of the South 

5 Korean public. 

6 (7) The establishment of the Nuclear Consult7 ative Group (referred to in this section as the 

8 ‘‘NCG’’) between the United States and the Repub9 lic of Korea during President Yoon Suk Yeol’s visit 

10 to the United States on April 26, 2023, reflected a 

11 recognition— 

12 (A) of the accelerating threat posed by the 

13 North Korea’s nuclear weapons and missile pro14 gram; and 

15 (B) that previous alliance attempts to 

16 strengthen assurance of South Korea had prov17 en unsuccessful. 

18 (8) It is clear that the EDPC and the EDSCG 

19 were unsuccessful in assuring South Korea or 

20 strengthening deterrence because they failed to iden21 tify concrete changes to our defense posture in the 

22 Korean theater of operations and United States offi23 cials were unwilling to adjust long-standing policies 

24 with regard to extended deterrence. 


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1 (9) For the NCG to be more effective than its 

2 predecessor groups, the NCG must adopt a program 

3 of work embracing the need— 

4 (A) to adjust the United States defense 

5 posture in the Korean theater of operations to 

6 include consideration of deploying United 

7 States nuclear assets and restoring United 

8 States nuclear infrastructure in the region; 

9 (B) to establish a crisis consultation mech10 anism to be convened in response to North Ko11 rean nuclear threats and consult on alliance de12 terrence related decision making; 

13 (C) to increase alliance nuclear planning 

14 activities related to consequence management 

15 and the conduct conventional operations in a 

16 weapons of mass destruction environment; and 

17 (D) to explore options to increase South 

18 Korean contributions to operations related to 

19 nuclear burden sharing. 

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that— 

22 (1) the United States-Republic of Korea alli23 ance is a bilateral, integrated alliance that benefits 

24 both countries; 


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1 (2) South Korea shares the burden of maintain2 ing stability on the Korean Peninsula and the larger 

3 region by maintaining a large standing army of 

4 more than 3,000,000 personnel, with 500,000 on ac5 tive duty, and spends 2.7 percent of its gross domes6 tic product on defense-related expenditures; and 

7 (3) the NCG can strengthen the alliance be8 tween the Government of the United States and the 

9 Government of South Korea by deepening the ability 

10 of such governments to plan, consult, and conduct 

11 exercises on issues related to nuclear deterrence. 

12 (c) REPORT ON THE IMPLEMENTATION OF THE NU13 CLEAR CONSULTATIVE GROUP.— 

14 (1) IN GENERAL.—Not later than 90 days after 

15 the date of the enactment of this Act, the Secretary 

16 and the Secretary of Defense shall jointly submit a 

17 report to the appropriate congressional committees 

18 and the congressional defense committees that in19 cludes a description of— 

20 (A) the organization of the NCG, including 

21 co-chairs and interagency participants from the 

22 United States; 

23 (B) the scope of the operations, activities 

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1 anism and the Military Consultative Mechanism 

2 between South Korea and the United States; 

3 (C) the relationship of the NCG to existing 

4 extended deterrence mechanisms of the South 

5 Korea and the United States, including the 

6 DSC and the EDSCG; 

7 (D) the frequency and circumstances under 

8 which the NCG convenes; and 

9 (E) how the NCG addresses strategic plan10 ning, crisis consultation, and military exercises. 

11 (2) FORM.—The report required under para12 graph (1) shall be submitted in unclassified form, 

13 but may include a classified annex. 

14 (3) BRIEFING.—Not later than 180 days after 

15 date of the enactment of this Act, and every 180 

16 days thereafter until December 31, 2026, the Sec17 retary and the Secretary of Defense shall brief the 

18 appropriate congressional committees, the Com19 mittee on Armed Services of the Senate, and the 

20 Committee on Armed Services of the House of Rep21 resentatives regarding the outcomes of NCG meet22 ings. 


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1 Subtitle B—Indo-Pacific Allies and 

2 Partners 

3 PART I—TAIWAN 

4 SEC. 411. DEVELOPMENT OF ECONOMIC TOOLS TO DETER 

5 AGGRESSION BY PEOPLE’S REPUBLIC OF 

6 CHINA AGAINST TAIWAN. 

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that the United States must be prepared to take im9 mediate action to impose sanctions with respect to any 

10 military or non-military entities owned, controlled, or act11 ing at the direction of the Government of the PRC or the 

12 Chinese Communist Party that are supporting actions by 

13 the Government of the PRC or the Chinese Communist 

14 Party to— 

15 (1) overthrow or dismantle the governing insti16 tutions in Taiwan; 

17 (2) occupy any territory controlled or adminis18 tered by Taiwan; 

19 (3) violate the territorial integrity of Taiwan; or 

20 (4) take significant action against Taiwan, in21 cluding— 

22 (A) conducting a naval blockade of Tai23 wan; 

24 (B) seizing any outlying island of Taiwan; 

25 or 


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1 (C) perpetrating a significant cyber attack 

2 on Taiwan. 

3 (b) DEFINED TERM.—In this section, the term ‘‘ap4 propriate congressional committees’’ means— 

5 (1) the Committee on Foreign Relations of the 

6 Senate; 

7 (2) the Committee on Banking, Housing, and 

8 Urban Affairs of the Senate; 

9 (3) the Committee on Commerce, Science, and 

10 Transportation of the Senate; 

11 (4) the Committee on Foreign Affairs of the 

12 House of Representatives; 

13 (5) the Committee on Financial Services of the 

14 House of Representatives; and 

15 (6) the Committee on Energy and Commerce of 

16 the House of Representatives. 

17 (c) TASK FORCE.—Not later than 180 days after the 

18 date of the enactment of this Act, the Office of Sanctions 

19 Coordination of the Department of State and the Office 

20 of Foreign Asset Control of the Department of the Treas21 ury, in coordination with the Office of the Director of Na22 tional Intelligence, shall establish an interagency task 

23 force (referred to in this section as the ‘‘Task Force’’) to 

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1 diately following any action or actions taken by the PRC 

2 that demonstrate an attempt to achieve or has the signifi3 cant effect of achieving the physical or political control of 

4 Taiwan, including by taking any of the actions described 

5 in paragraphs (1) through (4) of subsection (a). 

6 (d) STRATEGY.—Not later than 180 days after the 

7 establishment of the Task Force, the Task Force shall 

8 submit to the appropriate congressional committees a 

9 strategy for identifying targets under this section, which 

10 shall include— 

11 (1) an assessment of how existing sanctions re12 gimes could be used to impose sanctions with respect 

13 to entities identified pursuant to subsection (c); 

14 (2) a strategy for developing or proposing, as 

15 appropriate, new sanctions authorities that might be 

16 required to impose sanctions with respect to such 

17 entities; 

18 (3) an analysis of the potential economic con19 sequences to the United States, and to allies and 

20 partners of the United States, of imposing various 

21 types of sanctions with respect to those entities and 

22 assess measures that could be taken to mitigate 

23 those consequences, including through the use of li24 censes, exemptions, carve-outs, and other forms of 

25 relief; 


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1 (4) a strategy for working with allies and part2 ners of the United States— 

3 (A) to leverage sanctions and other eco4 nomic tools to deter or respond to aggression 

5 against Taiwan; 

6 (B) to identify and resolve potential im7 pediments to coordinating sanctions-related ef8 forts with respect to responding to or deterring 

9 aggression against Taiwan; and 

10 (C) to identify industries, sectors, or goods 

11 and services with respect to which the United 

12 States and allies and partners of the United 

13 States can take coordinated action through 

14 sanctions or other economic tools that will have 

15 a significant negative impact on the economy of 

16 the PRC; 

17 (5) an assessment of the resource gaps and 

18 needs at the Department of State, the Department 

19 of the Treasury, and other Federal agencies, as ap20 propriate, to most effectively use sanctions and other 

21 economic tools to respond to the threat posed by the 

22 PRC; 

23 (6) recommendations on how best to target 

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1 ing into account the role of those targets in sup2 porting policies and activities of the Government of 

3 the PRC or the Chinese Communist Party that pose 

4 a threat to the national security or foreign policy in5 terests of the United States, the negative economic 

6 implications of those sanctions and tools for that 

7 government, including its ability to achieve its objec8 tives with respect to Taiwan, and the potential im9 pact of those sanctions and tools on the stability of 

10 the global financial system, including with respect 

11 to— 

12 (A) state-owned enterprises; 

13 (B) officials of the Government of the 

14 PRC; 

15 (C) financial institutions associated with 

16 the Government of the PRC; and 

17 (D) companies in the PRC that are not 

18 formally designated by the Government of the 

19 PRC as state-owned enterprises; and 

20 (7) the identification of any foreign military or 

21 non-military entities that would likely be used to 

22 achieve the outcomes specified in subsection (a)(1), 

23 including entities in the shipping, logistics, energy 

24 (including oil and gas), aviation, ground transpor25 tation, and technology sectors. 


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1 (e) REPORT.— 

2 (1) IN GENERAL.—Not later than 60 days after 

3 the submission of the strategy required under sub4 section (d), and semiannually thereafter, the Task 

5 Force shall submit a report to the appropriate con6 gressional committees that includes information re7 garding— 

8 (A) any entities identified pursuant to sub9 section (c) or (d)(7); 

10 (B) any new authorities needed to impose 

11 sanctions with respect to those entities; 

12 (C) potential economic impacts on the 

13 PRC, the United States, and allies and partners 

14 of the United States of imposing sanctions with 

15 respect to those entities, as well as mitigation 

16 measures that could be employed to limit dele17 terious impacts on the United States and allies 

18 and partners of the United States; 

19 (D) the status of coordination with allies 

20 and partners of the United States on sanctions 

21 and other economic tools identified under this 

22 section; 

23 (E) resource gaps and recommendations to 

24 enable the Department of State and the De25 partment of the Treasury to use sanctions to 


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1 more effectively respond to the malign activities 

2 of the Government of the PRC; and 

3 (F) any additional resources that may be 

4 necessary to carry out the strategy. 

5 (2) FORM.—Each report required under para6 graph (1) shall be submitted in classified/form. 

7 SEC. 412. TREATMENT OF THE GOVERNMENT OF TAIWAN. 

8 (a) IN GENERAL.—The Department of State and 

9 other United States Government agencies shall— 

10 (1) treat the democratically elected Government 

11 of Taiwan as the legitimate representative of the 

12 people of Taiwan; and 

13 (2) end the outdated practice of referring to the 

14 Government in Taiwan as the ‘‘authorities’’. 

15 (b) NO RESTRICTIONS.—Notwithstanding the contin16 ued supporting role of the American Institute in, Taiwan 

17 in carrying out United States foreign policy and protecting 

18 United States interests in Taiwan, the United States Gov19 ernment shall not place any restrictions on the ability of 

20 officials of the Department of State and other United 

21 States Government agencies from interacting directly and 

22 routinely with counterparts in the Government of Taiwan, 

23 including restricting the travel of senior officials of Tai24 wan in the United States, including restricting the travel 

25 of senior officials of Taiwan in the United States. 


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1 SEC. 413. WAR RESERVE STOCK PROGRAM FOR TAIWAN. 

2 (a) IN GENERAL.—Notwithstanding section 514 of 

3 the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), 

4 the President may transfer to Taiwan any or all of the 

5 items described in subsection (b). 

6 (b) ITEMS DESCRIBED.—The items referred to in 

7 subsection (a) are armor, artillery, automatic weapons am8 munition, missiles, and other munitions that are— 

9 (1) obsolete or surplus items; 

10 (2) in the inventory of the Department of De11 fense; 

12 (3) intended for use as reserve stocks for Tai13 wan; and 

14 (4) located in a stockpile in Taiwan. 

15 (c) CONGRESSIONAL NOTIFICATION.—Not later than 

16 30 days before making any transfer under this section, 

17 the President shall submit a notification identifying the 

18 items to be transferred and the concessions to be received 

19 to the appropriate congressional committees, the Com20 mittee on Armed Services of the Senate, and the Com21 mittee on Armed Services of the House of Representatives. 

22 SEC. 414. PROPER TREATMENT OF TAIWAN GOVERNMENT 

23 REPRESENTATIVES. 

24 (a) DEFINED TERM.—In this section, the term ‘‘offi25 cial purposes’’ means— 

26 (1) the wearing of official uniforms; 


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1 (2) conducting government-hosted ceremonies 

2 or functions; and 

3 (3) appearances on Department of State social 

4 media accounts promoting engagements with Tai5 wan. 

6 (b) IN GENERAL.—Notwithstanding any other provi7 sion of law, none of the funds appropriated or otherwise 

8 made available for the Department of State for fiscal year 

9 2025 may be used to prepare, propose, draft, review, or 

10 promulgate any regulation, guidance, or executive order, 

11 or to otherwise implement, administer, or enforce any pol12 icy that restricts the ability of members of the armed 

13 forces and government representatives from the Republic 

14 of China (Taiwan) or the Taipei Economic and Cultural 

15 Representative Office (TECRO) to display, for official 

16 purposes— 

17 (1) the flag of the Republic of China (Taiwan); 

18 or 

19 (2) the corresponding emblems or insignia of 

20 military units. 

21 SEC. 415. AMERICAN INSTITUTE IN TAIWAN. 

22 The position of Director of the American Institute in 

23 Taiwan’s Taipei office— 

24 (1) shall be subject to the advice and consent 

25 of the Senate; and 


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1 (2) shall have the title of ‘‘Representative’’. 

2 PART II—SOUTH CHINA AND EAST CHINA SEA 

3 SANCTIONS 

4 SEC. 421. SHORT TITLE. 

5 This part may be cited as the ‘‘South China Sea and 

6 East China Sea Sanctions Act of 2024’’. 

7 SEC. 422. SANCTIONS WITH RESPECT TO CHINESE PERSONS 

8 RESPONSIBLE FOR CHINA’S ACTIVITIES IN 

9 THE SOUTH CHINA SEA AND THE EAST CHINA 

10 SEA. 

11 (a) DEFINITIONS.—In this section: 

12 (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY13 ABLE-THROUGH ACCOUNT.—The terms ‘‘account’’, 

14 ‘‘correspondent account’’, and ‘‘payable-through ac15 count’’ have the meanings given such terms in sec16 tion 5318A of title 31, United States Code. 

17 (2) ALIEN.—The term ‘‘alien’’ has the meaning 

18 given such term in section 101(a) of the Immigra19 tion and Nationality Act (8 U.S.C. 1101(a)). 

20 (3) CHINESE PERSON.—The term ‘‘Chinese 

21 person’’ means— 

22 (A) an individual who is a citizen or na23 tional of the People’s Republic of China; or 

24 (B) an entity organized under the laws of 

25 the People’s Republic of China or otherwise 


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1 subject to the jurisdiction of the Government of 

2 the People’s Republic of China. 

3 (4) FINANCIAL INSTITUTION.—The term ‘‘fi4 nancial institution’’ means a financial institution 

5 specified in subparagraph (A), (B), (C), (D), (E), 

6 (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), 

7 (Y), or (Z) of section 5312(a)(2) of title 31, United 

8 States Code. 

9 (5) FOREIGN FINANCIAL INSTITUTION.—The 

10 term ‘‘foreign financial institution’’ has the meaning 

11 given such term in section 1010.605 of title 31, 

12 Code of Federal Regulations (or any corresponding 

13 similar regulation or ruling). 

14 (6) GOOD.—The term ‘‘good’’ means any arti15 cle, natural or manmade substance, material, supply, 

16 or manufactured product, including inspection and 

17 test equipment, and excluding technical data. 

18 (7) PERSON.—The term ‘‘person’’ means any 

19 individual or entity. 

20 (8) UNITED STATES PERSON.—The term 

21 ‘‘United States person’’ means— 

22 (A) a United States citizen or an alien law23 fully admitted for permanent residence to the 

24 United States; 


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1 (B) an entity organized under the laws of 

2 the United States or of any jurisdiction within 

3 the United States, including a foreign branch of 

4 such an entity; or 

5 (C) any person in the United States. 

6 (b) INITIAL IMPOSITION OF SANCTIONS.—On or after 

7 the date that is 120 days after the date of the enactment 

8 of this Act, the President may impose the sanctions de9 scribed in subsection (c) with respect to any Chinese per10 son, including any senior official of the Government of the 

11 People’s Republic of China, that the President deter12 mines— 

13 (1) is responsible for or significantly contributes 

14 to large-scale reclamation, construction, militariza15 tion, or ongoing supply of outposts in disputed areas 

16 of the South China Sea; 

17 (2) is responsible for or significantly contributes 

18 to, or has engaged in, directly or indirectly, actions, 

19 including the use of coercion, to inhibit another 

20 country from protecting its sovereign rights to ac21 cess offshore resources in the South China Sea, in22 cluding in such country’s exclusive economic zone, 

23 consistent with such country’s rights and obligations 

24 under international law; 


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1 (3) is responsible for or complicit in, or has en2 gaged in, directly or indirectly, actions that signifi3 cantly threaten the peace, security, or stability of 

4 disputed areas of the South China Sea or areas of 

5 the East China Sea administered by Japan or the 

6 Republic of Korea, including through the use of ves7 sels and aircraft by the People’s Republic of China 

8 to occupy or conduct extensive research or drilling 

9 activity in those areas; 

10 (4) has materially assisted, sponsored, or pro11 vided financial, material, or technological support 

12 for, or goods or services to, or in support of, any 

13 person subject to sanctions pursuant to paragraph 

14 (1), (2), or (3); or 

15 (5) is owned or controlled by, or has acted for 

16 or on behalf of, directly or indirectly, any person 

17 subject to sanctions pursuant to paragraph (1), (2), 

18 or (3). 

19 (c) SANCTIONS DESCRIBED.—The sanctions that 

20 may be imposed with respect to a person described in sub21 section (b) are the following: 

22 (1) BLOCKING OF PROPERTY.—The President 

23 may, in accordance with the International Emer24 gency Economic Powers Act (50 U.S.C. 1701 et 

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1 erty and interests in property of the person if such 

2 property and interests in property are in the United 

3 States, come within the United States, or are or 

4 come within the possession or control of a United 

5 States person. 

6 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR

7 PAROLE.— 

8 (A) VISAS, ADMISSION, OR PAROLE.—In 

9 the case of an alien, the alien may be— 

10 (i) inadmissible to the United States; 

11 (ii) ineligible to receive a visa or other 

12 documentation to enter the United States; 

13 and 

14 (iii) otherwise ineligible to be admitted 

15 or paroled into the United States or to re16 ceive any other benefit under the Immigra17 tion and Nationality Act (8 U.S.C. 1101 et 

18 seq.). 

19 (B) CURRENT VISAS REVOKED.— 

20 (i) IN GENERAL.—An alien described 

21 in subparagraph (A) may be subject to rev22 ocation of any visa or other entry docu23 mentation regardless of when the visa or 

24 other entry documentation is or was 

25 issued. 


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1 (ii) IMMEDIATE EFFECT.—A revoca2 tion under clause (i) may— 

3 (I) take effect immediately; and 

4 (II) cancel any other valid visa or 

5 entry documentation that is in the 

6 alien’s possession. 

7 (3) EXCLUSION OF CORPORATE OFFICERS.— 

8 The President may direct the Secretary to deny a 

9 visa to, and the Secretary of Homeland Security to 

10 exclude from the United States, any alien that the 

11 President determines is a corporate officer or prin12 cipal of, or a shareholder with a controlling interest 

13 in, the person. 

14 (4) EXPORT SANCTION.—The President may 

15 order the United States Government not to issue 

16 any specific license and not to grant any other spe17 cific permission or authority to export any goods or 

18 technology to the person under— 

19 (A) the Export Control Reform Act of 

20 2018 (50 U.S.C. 4801 et seq.); or 

21 (B) any other statute that requires the 

22 prior review and approval of the United States 

23 Government as a condition for the export or re24 export of goods or services. 


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1 (5) INCLUSION ON ENTITY LIST.—The Presi2 dent may include the entity on the entity list main3 tained by the Bureau of Industry and Security of 

4 the Department of Commerce and set forth in Sup5 plement No. 4 to part 744 of the Export Adminis6 tration Regulations, for activities contrary to the na7 tional security or foreign policy interests of the 

8 United States. 

9 (6) BAN ON INVESTMENT IN EQUITY OR DEBT

10 OF SANCTIONED PERSON.—The President may, pur11 suant to such regulations or guidelines as the Presi12 dent may prescribe, prohibit any United States per13 son from investing in or purchasing equity or debt 

14 instruments of the person. 

15 (7) BANKING TRANSACTIONS.—The President 

16 may, pursuant to such regulations as the President 

17 may prescribe, prohibit any transfers of credit or 

18 payments between financial institutions or by, 

19 through, or to any financial institution, to the extent 

20 that such transfers or payments are subject to the 

21 jurisdiction of the United States and involve any in22 terest of the person. 

23 (8) CORRESPONDENT AND PAYABLE-THROUGH

24 ACCOUNTS.—In the case of a foreign financial insti25 tution, the President may prohibit the opening, and 


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1 prohibit or impose strict conditions on the maintain2 ing, in the United States of a correspondent account 

3 or a payable-through account by the foreign finan4 cial institution. 

5 (d) EXCEPTIONS.— 

6 (1) INAPPLICABILITY OF NATIONAL EMER7 GENCY REQUIREMENT.—The requirements under 

8 section 202 of the International Emergency Eco9 nomic Powers Act (50 U.S.C. 1701) shall not apply 

10 for purposes of subsection (c)(1). 

11 (2) EXCEPTION FOR INTELLIGENCE, LAW EN12 FORCEMENT, AND NATIONAL SECURITY ACTIVI13 TIES.—Sanctions under this section shall not apply 

14 to any authorized intelligence, law enforcement, or 

15 national security activities of the United States. 

16 (3) COMPLIANCE WITH UNITED NATIONS HEAD17 QUARTERS AGREEMENT.—Paragraphs (2) and (3) of 

18 subsection (c) shall not apply if admission of an 

19 alien to the United States is necessary to permit the 

20 United States to comply with the Agreement regard21 ing the Headquarters of the United Nations, signed 

22 at Lake Success, June 26, 1947, and entered into 

23 force, November 21, 1947, between the United Na24 tions and the United States. 


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1 (4) EXCEPTION RELATING TO IMPORTATION OF

2 GOODS.—The authority or a requirement to impose 

3 sanctions under this section shall not include the au4 thority or a requirement to impose sanctions on the 

5 importation of goods. 

6 (e) IMPLEMENTATION; PENALTIES.— 

7 (1) IMPLEMENTATION.—The President may ex8 ercise all authorities provided under sections 203 

9 and 205 of the International Emergency Economic 

10 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

11 this section. 

12 (2) PENALTIES.—The penalties provided for in 

13 subsections (b) and (c) of section 206 of the Inter14 national Emergency Economic Powers Act (50 

15 U.S.C. 1705) shall apply to a person that violates, 

16 attempts to violate, conspires to violate, or causes a 

17 violation of regulations prescribed under subsection 

18 (c)(1) to the same extent that such penalties apply 

19 to a person that commits an unlawful act described 

20 in subsection (a) of such section 206. 

21 SEC. 423. SENSE OF CONGRESS REGARDING PORTRAYALS 

22 OF THE SOUTH CHINA SEA OR THE EAST 

23 CHINA SEA AS PART OF CHINA. 

24 It is the sense of Congress that the Government Pub25 lishing Office should not publish any map, document, 


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1 record, electronic resource, or other paper of the United 

2 States (other than materials relating to hearings held by 

3 committees of Congress or internal work product of a Fed4 eral agency) portraying or otherwise indicating that it is 

5 the position of the United States that the territory or air6 space in the South China Sea that is disputed among 2 

7 or more parties or the territory or airspace of areas ad8 ministered by Japan or the Republic of Korea, including 

9 in the East China Sea, is part of the territory or airspace 

10 of the People’s Republic of China. 

11 SEC. 424. SENSE OF CONGRESS ON 2016 PERMANENT 

12 COURT OF ARBITRATION’S TRIBUNAL RUL13 ING ON ARBITRATION CASE BETWEEN THE 

14 PHILIPPINES AND THE PEOPLE’S REPUBLIC 

15 OF CHINA. 

16 (a) FINDING.—Congress finds that on July 12, 2016, 

17 a tribunal of the Permanent Court of Arbitration found 

18 in the arbitration case between the Philippines and the 

19 PRC under the United Nations Convention on the Law 

20 of the Sea that the People’s Republic of China’s claims, 

21 including those to offshore resources and ‘‘historic rights’’, 

22 were unlawful, and that the tribunal’s ruling is final and 

23 legally binding on both parties. 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that— 


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1 (1) the United States and the international 

2 community should reject the unlawful claims of the 

3 PRC within the exclusive economic zone or on the 

4 continental shelf of the Philippines, as well as the 

5 maritime claims of the PRC beyond a 12-nautical6 mile territorial sea from the islands it claims in the 

7 South China Sea; 

8 (2) the provocative behavior of the PRC, includ9 ing coercing other countries with claims in the South 

10 China Sea and preventing those countries from ac11 cessing offshore resources, undermines peace and 

12 stability in the South China Sea; 

13 (3) the international community should— 

14 (A) support and adhere to the ruling de15 scribed in subsection (a) in compliance with 

16 international law; and 

17 (B) take all necessary steps to support the 

18 rules-based international order in the South 

19 China Sea; and 

20 (4) all claimants in the South China Sea 

21 should— 

22 (A) refrain from engaging in destabilizing 

23 activities, including illegal occupation or efforts 

24 to unlawfully assert control over disputed 

25 claims; 


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1 (B) ensure that disputes are managed 

2 without intimidation, coercion, or force; 

3 (C) clarify or adjust claims in accordance 

4 with international law; and 

5 (D) uphold the principle that territorial 

6 and maritime claims, including over territorial 

7 waters or territorial seas, must be derived from 

8 land features and otherwise comport with inter9 national law. 

10 SEC. 425. REPORT ON COUNTRIES THAT RECOGNIZE CHI11 NESE SOVEREIGNTY OVER THE SOUTH CHINA 

12 SEA OR THE EAST CHINA SEA. 

13 (a) IN GENERAL.—Not later than 60 days after the 

14 date of the enactment of this Act, and annually thereafter 

15 until the date that is 3 years after such date of enactment, 

16 the Secretary shall submit to the appropriate congres17 sional committees a report identifying each country that 

18 the Secretary determines has taken an official and stated 

19 position to recognize, after such date of enactment, the 

20 sovereignty of the People’s Republic of China over terri21 tory or airspace disputed by one or more countries in the 

22 South China Sea or the territory or airspace of areas of 

23 the East China Sea administered by Japan or the Repub24 lic of Korea. 


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1 (b) FORM.—The report required by subsection (a) 

2 shall be submitted in unclassified form, but may include 

3 a classified annex if the Secretary determines it is nec4 essary for the national security interests of the United 

5 States to do so. 

6 (c) PUBLIC AVAILABILITY.—The Secretary shall pub7 lish the unclassified part of the report required by sub8 section (a) on a publicly available website of the Depart9 ment of State. 

10 PART III—PACIFIC ISLANDS 

11 SEC. 431. ESTABLISHING A SENIOR OFFICIAL FOR THE 

12 COMPACTS OF FREE ASSOCIATION AT THE 

13 DEPARTMENT OF STATE. 

14 (a) IN GENERAL.—The Secretary shall designate a 

15 senior official at the Department of State, who shall— 

16 (1) negotiate and oversee the Department of 

17 State’s role in implementing and maintaining the 

18 Compacts of Free Association (referred to in this 

19 section as the ‘‘Compacts’’) at the Department of 

20 State and the conduct of United States foreign pol21 icy with respect to countries affiliated with the 

22 United States under such Compacts; and 

23 (2) report to the Assistant Secretary of State 

24 for Indo-Pacific Affairs. 


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1 (b) DUTIES.—The senior official designated pursuant 

2 to subsection (a) shall— 

3 (1) be responsible for the conduct of United 

4 States foreign policy with respect to— 

5 (A) the Republic of Palau; 

6 (B) the Marshall Islands; and 

7 (C) the Federated States of Micronesia; 

8 (2) assist the Assistant Secretary of State for 

9 Indo-Pacific Affairs in providing overall direction, 

10 coordination, and supervision of interdepartmental 

11 activities of the United States Government in the 

12 countries listed under paragraph (1), including en13 suring the timely transfer of assistance and provi14 sion of benefits through the Department of the Inte15 rior, as laid out in the Compacts; 

16 (3) oversee and evaluate the adequacy and ef17 fectiveness of United States policy with respect to 

18 these countries as well as the plans, programs, re19 sources, and performance for implementing that pol20 icy, including activities implemented by the Depart21 ment of the Interior; 

22 (4) directly supervise the policy and operations 

23 of the Compacts and provide guidance to relevant 

24 United States missions within the Indo-Pacific re25 gion; 


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1 (5) direct and oversee the provision of an ade2 quate, regular flow of information to posts abroad 

3 about United States Government policies, policy de4 liberations, and diplomatic exchanges with regards 

5 to the Compacts and the freely associated states, es6 pecially on matters that may result in initiatives, 

7 policy actions, or other official representations of 

8 Department policy abroad; and 

9 (6) ensure the continuity of responsibilities and 

10 benefits as laid out in the Compacts, consistent with 

11 United States national interests in the Indo-Pacific 

12 region. 

13 SEC. 432. ENHANCEMENT OF DIPLOMATIC SUPPORT AND 

14 ECONOMIC ENGAGEMENT WITH PACIFIC IS15 LAND COUNTRIES. 

16 (a) DEFINED TERM.—In this section, the term ‘‘ap17 propriate committees of Congress’’ means— 

18 (1) the Committee on Foreign Relations of the 

19 Senate; 

20 (2) the Committee on Commerce, Science, and 

21 Transportation of the Senate; 

22 (3) the Committee on Energy and Natural Re23 sources of the Senate; 

24 (4) the Committee on Appropriations of the 

25 Senate; 


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1 (5) the Committee on Foreign Affairs of the 

2 House of Representatives; 

3 (6) the Committee on Energy and Commerce of 

4 the House of Representatives; 

5 (7) the Committee on Natural Resources of the 

6 House of Representatives; and 

7 (8) the Committee on Appropriations of the 

8 House of Representatives. 

9 (b) HIRING AUTHORITY.—The Secretary and the 

10 Secretary of Commerce may hire local staff in Pacific is11 land countries for the purpose of providing increased dip12 lomatic support and promoting increased economic and 

13 commercial engagement between the United States and 

14 Pacific island countries. 

15 (c) AVAILABILITY OF FUNDS.— 

16 (1) IN GENERAL.—Of the amounts appro17 priated or otherwise made available to the Depart18 ment of State for fiscal year 2025, not more than 

19 $10,000,000 may used to carry out the Department 

20 of State’s responsibilities under this section. 

21 (2) IN GENERAL.—Of the amounts appro22 priated or otherwise made available to the Depart23 ment of Commerce for fiscal year 2025, not more 

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1 partment of Commerce’s responsibilities under this 

2 section. 

3 (3) TERMINATION.—The availability of funds 

4 under paragraphs (1) and (2) shall expire on Octo5 ber 1, 2028. 

6 (d) REPORT.—Not later than 1 year after the date 

7 of the enactment of this Act, and annually thereafter for 

8 the following 5 years, the Secretary and the Secretary of 

9 Commerce shall submit a report to the appropriate com10 mittees of Congress that describes the activities of the De11 partment of State and the Department of Commerce lo12 cally-employed staff in Pacific island countries, includ13 ing— 

14 (1) a detailed description of the additional dip15 lomatic, economic, and commercial engagement and 

16 activities in the Pacific island countries provided by 

17 locally-employed staff; and 

18 (2) an assessment of the impact of the activities 

19 with respect to the diplomatic, economic, and secu20 rity interests of the United States. 

21 (e) EXCEPTION FOR AMERICAN SAMOA.—The Sec22 retary may treat the territory of American Samoa as a 

23 foreign country, as appropriate, while carrying out this 

24 section. 


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1 PART IV—INDIAN OCEAN REGION STRATEGIC 

2 REVIEW 

3 SEC. 441. SHORT TITLE. 

4 This part may be cited as the ‘‘Indian Ocean Region 

5 Strategic Review Act of 2024’’. 

6 SEC. 442. FINDINGS. 

7 Congress finds the following: 

8 (1) The United States— 

9 (A) has vitally important political, eco10 nomic, and security interests in the Indian 

11 Ocean region; and 

12 (B) is uniquely positioned to capitalize on 

13 opportunities that will advance such interests. 

14 (2) The United States needs to engage and co15 operate with partners in the Indo-Pacific region, in16 cluding India, Japan, Australia, and island countries 

17 located within such region— 

18 (A) to bolster regional governance; 

19 (B) to increase sustainable economic devel20 opment; and 

21 (C) to strengthen cooperation on security 

22 challenges such as threats to freedom of naviga23 tion and environmental disasters. 

24 (3) It is within the United States interests to 

25 better understand the political, security, economic, 


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1 and environmental issues faced by the governments 

2 of Indian Ocean region countries. 

3 SEC. 443. STATEMENT OF POLICY. 

4 It is the policy of the United States, with respect to 

5 the Indian Ocean region, as part of the United States 

6 broader strategy for engagement in the Indo-Pacific to 

7 strengthen engagement with Indian Ocean region coun8 tries (including the governments, civil society, academia, 

9 and private sectors of such countries) and to enhance 

10 meaningful diplomatic, security, and economic relations 

11 with allies and partners of the United States in the Indian 

12 Ocean region by— 

13 (1) promoting cohesive political ties between the 

14 United States and Indian Ocean region countries 

15 through active participation in regional organiza16 tions and strengthening bilateral diplomatic relations 

17 with such allies and partners; 

18 (2) continuing to strengthen bilateral security 

19 relationships between the United States and part20 ners within the Indian Ocean region and build the 

21 bilateral security relationship between the United 

22 States and India, for the purpose of regularizing se23 curity cooperation by building upon foundational 

24 agreements concerning intelligence sharing, military 

25 communication, and naval cooperation; 


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1 (3) engaging with India to better understand 

2 and operationalize economic and political opportuni3 ties across the Indian Ocean region; 

4 (4) enhancing economic connectivity and com5 mercial exchange between the United States and In6 dian Ocean region countries; 

7 (5) maintaining the freedom of navigation of 

8 international waters within the Indian Ocean region 

9 in accordance with international law; 

10 (6) cooperating with the Governments of Indian 

11 Ocean region countries regarding security chal12 lenges, including issues relating to piracy and illegal 

13 fishing; 

14 (7) supporting the ability of such governments, 

15 and of nongovernmental organizations within the In16 dian Ocean region, to respond to environmental dis17 asters and work to mitigate potential future disas18 ters with resilient infrastructure; 

19 (8) facilitating cooperation between the United 

20 States and allies and partners of the United States 

21 in the Indian Ocean region to build capacity in mari22 time security and maritime domain awareness; 

23 (9) promoting cooperation with United States 

24 allies in the Indo-Pacific region (including Japan 

25 and Australia), major defense partners (including 


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1 India), and NATO allies (including the United King2 dom and France), to support a rules-based order in 

3 the Indo-Pacific region; and 

4 (10) understanding resources and costs re5 quired for the United States to effectively engage 

6 diplomatically and economically in the Indian Ocean 

7 region. 

8 SEC. 444. DEFINITIONS. 

9 In this part: 

10 (1) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means— 

13 (A) the Committee on Foreign Relations of 

14 the Senate; 

15 (B) the Committee on Armed Services of 

16 the Senate; 

17 (C) the Committee on Foreign Affairs of 

18 the House of Representatives; and 

19 (D) the Committee on Armed Services of 

20 the House of Representatives. 

21 (2) INDIAN OCEAN REGION.—The term ‘‘Indian 

22 Ocean region’’ means— 

23 (A) the Indian Ocean, including the Ara24 bian Sea and the Bay of Bengal; and 


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1 (B) the littoral areas surrounding the In2 dian Ocean, including the east coast of Africa. 

3 (3) INDIAN OCEAN REGION COUNTRY.—The 

4 term ‘‘Indian Ocean region country’’ means any 

5 country located within or surrounding the Indian 

6 Ocean region. 

7 SEC. 445. STRATEGY AND IMPLEMENTATION PLAN RELAT8 ING TO THE INDIAN OCEAN REGION. 

9 (a) STRATEGY.—Not later than 180 days after the 

10 date of the enactment of this Act, the Secretary, in coordi11 nation with the Secretary of Defense and the Adminis12 trator of the United States Agency for International De13 velopment, shall submit to the appropriate congressional 

14 committees a multi-year strategy and implementation plan 

15 for United States engagements and posture to support the 

16 interests of the United States in the Indian Ocean region. 

17 (b) MATTERS.—The strategy submitted pursuant to 

18 subsection (a) shall include— 

19 (1) the identification of the political, economic, 

20 and security goals and opportunities of the United 

21 States in the Indian Ocean region; 

22 (2) an explanation of the political, economic, 

23 and security goals of Indian Ocean region countries 

24 and a detailed description of areas with respect to 


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1 which such interests align with the goals of the 

2 United States; 

3 (3) a list detailing the economic and political ef4 forts of the PRC with respect to the Indian Ocean 

5 region, particularly with respect to the engagement 

6 by the PRC with each country located within the In7 dian Ocean region; 

8 (4) a description and analysis of challenges, in9 cluding countries and specific projects, to the en10 gagement with Indian Ocean region countries as a 

11 result of— 

12 (A) disparate policy goals across the de13 partments and agencies of the United States 

14 Government; and 

15 (B) disparate definitions of the term ‘‘In16 dian Ocean region’’ across the Department of 

17 State, the Department of Defense, and the 

18 United States Agency for International Devel19 opment; 

20 (5) a list detailing efforts to improve coopera21 tion between the United States and Australia, India, 

22 and Japan (referred to in this section as the ‘‘Quad23 rilateral Dialogue’’ or the ‘‘Quad’’) through coordi24 nation between members of the Quad with respect to 

25 diplomacy and development priorities, joint military 


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1 exercises and operations, and other activities that 

2 promote and balance the political, economic, and se3 curity interests of the United States with respect to 

4 Indian Ocean region countries; 

5 (6) an overview of efforts to support the eco6 nomic connectivity and development of island coun7 tries located within the Indian Ocean region, includ8 ing through— 

9 (A) the United States-India-Japan Tri10 lateral Infrastructure Working Group; 

11 (B) the Asia-Africa Growth Corridor; and 

12 (C) other efforts to expand and enhance 

13 connectivity across the Indo-Pacific region (in14 cluding with the countries of Southeast Asia) 

15 that maintain high standards of investment and 

16 support for civil society and people-to-people 

17 connectivity; 

18 (7) a description of how the United States may 

19 engage with regional intergovernmental organiza20 tions and multilateral organizations, including the 

21 Indian Ocean Rim Association and the United Na22 tions, to promote the political, economic, and secu23 rity goals of the United States in the Indian Ocean 

24 region; 


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1 (8) a description of how the United States may 

2 facilitate cooperation between Indian Ocean region 

3 countries (including the governments, civil society, 

4 academia, and private sectors of such countries) and 

5 Taiwan through Taiwan’s New Southbound Policy; 

6 (9) a review of the diplomatic posture of the 

7 United States in the Indian Ocean region, includ8 ing— 

9 (A) an assessment of United States diplo10 matic engagement with Indian Ocean region 

11 countries without a permanent United States 

12 embassy or diplomatic mission; 

13 (B) an assessment of means by which to 

14 improve cooperation by the United States with 

15 the Maldives, the Seychelles, and Comoros; 

16 (C) an assessment of the sufficiency of 

17 United States diplomatic personnel and facili18 ties available in the Indian Ocean region to 

19 achieve the policy described in section 444; 

20 (D) a description of any resources required 

21 to fill identified gaps with respect to such diplo22 matic posture; and 

23 (E) a description of the bilateral and mul24 tilateral diplomatic goals of the Department of 

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1 essary to achieve the policy described in section 

2 444; 

3 (10) a review of the agreements entered into 

4 between the United States and Indian Ocean region 

5 countries for the purpose of facilitating the military 

6 operations of the United States pursuant to bilateral 

7 and multilateral agreements; 

8 (11) a description of any efforts to expand the 

9 naval and coast guard cooperation between the 

10 United States and India and other Indian Ocean re11 gion countries through the negotiation of additional 

12 agreements; 

13 (12) a strategy for strengthening security co14 operation between the United States and partners 

15 within the Indian Ocean region, including through 

16 the provision of security assistance, which should in17 clude— 

18 (A) a summary of the security priorities, 

19 objectives, and actions of the prospective recipi20 ent country; 

21 (B) a description of the means by which 

22 the United States may support such security 

23 priorities, objectives, and actions while pro24 moting the political, economic, and security 


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1 goals of the United States in the Indian Ocean 

2 region; and 

3 (C) an assessment of the capabilities, 

4 training, and funding needed for Indian Ocean 

5 region countries to push back against shared 

6 challenges in the region; and 

7 (13) a plan to expand the diplomatic and devel8 opment presence of the United States with respect 

9 to the governments of island countries located within 

10 the Indian Ocean region, including a description of 

11 any resources or policy tools required to expand the 

12 ability of the United States to support high-quality 

13 infrastructure resiliency projects in such countries. 

14 (c) INCLUSION.—The strategy submitted pursuant to 

15 subsection (a) may be submitted to the appropriate con16 gressional committees as a part of any other strategy re17 lating to the Indo-Pacific region. 

18 (d) REPORTS ON IMPLEMENTATION.—Not later than 

19 1 year after the date on which the Secretary submits the 

20 strategy required under subsection (a), and 1 year later, 

21 the Secretary shall submit a report to the appropriate con22 gressional committees that describes the progress made to23 ward implementing such strategy. 


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1 SEC. 446. MODIFICATION TO UNITED STATES-CHINA ECO2 NOMIC AND SECURITY REVIEW COMMISSION. 

3 (a) MODIFICATION.—Section 1238(c)(2)(E) of the 

4 Floyd D. Spence National Defense Authorization Act for 

5 Fiscal Year 2001 (22 U.S.C. 7002(c)(2)(E)) is amend6 ed— 

7 (1) by inserting ‘‘(including in the Indian 

8 Ocean region)’’ after ‘‘deployments of the People’s 

9 Republic of China military’’; and 

10 (2) by adding at the end the following: ‘‘In this 

11 subparagraph, the term ‘Indian Ocean region’ means 

12 the Indian Ocean (including the Arabian Sea and 

13 the Bay of Bengal) and the littoral areas sur14 rounding the Indian Ocean (including the East 

15 Coast of Africa).’’. 

16 (b) APPLICABILITY.—The amendments made by sub17 section (a) shall apply with respect to each report sub18 mitted pursuant to section 1238(c) of the Floyd D. Spence 

19 National Defense Authorization Act for Fiscal Year 2001 

20 (22 U.S.C. 7002(c)) on or after the date of the enactment 

21 of this Act. 


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1 Subtitle C—Countering Espionage 

2 and Surveillance Entities in Cuba 

3 SEC. 451. SHORT TITLES. 

4 This subtitle may be cited as the ‘‘Countering Espio5 nage and Surveillance Entities in Cuba Act’’ or the 

6 ‘‘CEASE Act’’. 

7 SEC. 452. IMPOSITION OF SANCTIONS WITH RESPECT TO 

8 MILITARY AND INTELLIGENCE FACILITIES OF 

9 THE PEOPLE’S REPUBLIC OF CHINA IN CUBA. 

10 (a) DEFINITIONS.—In this section: 

11 (1) ALIEN.—The term ‘‘alien’’ has the meaning 

12 given such term in section 101 of the Immigration 

13 and Nationality Act (8 U.S.C. 1101). 

14 (2) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—The term ‘‘appropriate congressional com16 mittees’’ means— 

17 (A) the Committee on Foreign Relations of 

18 the Senate; 

19 (B) the Select Committee on Intelligence 

20 of the Senate; 

21 (C) the Committee on Foreign Affairs of 

22 the House of Representatives; and 

23 (D) the Permanent Select Committee on 

24 Intelligence of the House of Representatives. 


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1 (3) FOREIGN PERSON.—The term ‘‘foreign per2 son’’ means a person that is not a United States 

3 person. 

4 (4) GOOD.—The term ‘‘good’’ means any arti5 cle, natural or manmade substance, material, supply, 

6 or manufactured product, including inspection and 

7 test equipment, and excluding technical data. 

8 (5) PERSON.—The term ‘‘person’’ means an in9 dividual or entity. 

10 (6) UNITED STATES PERSON.—The term 

11 ‘‘United States person’’ means— 

12 (A) an individual who is a United States 

13 citizen or an alien lawfully admitted for perma14 nent residence to the United States; 

15 (B) an entity organized under the laws of 

16 the United States or any jurisdiction within the 

17 United States, including a foreign branch of 

18 such an entity; or 

19 (C) any person in the United States. 

20 (b) IN GENERAL.—The President shall impose the 

21 sanctions described in subsection (c) with respect to any 

22 foreign person that the President determines engages in 

23 or has engaged in a significant transaction or trans24 actions, or any significant dealings with, or has provided 


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1 significant material support to or for a military or intel2 ligence facility of the PRC in Cuba. 

3 (c) SANCTIONS DESCRIBED.—The sanctions de4 scribed in this subsection with respect to a foreign person 

5 are the following: 

6 (1) ASSET BLOCKING.—The exercise of all pow7 ers granted to the President by the International 

8 Emergency Economic Powers Act (50 U.S.C. 1701 

9 et seq.) to the extent necessary to block and prohibit 

10 all transactions in all property and interests in prop11 erty of the foreign person if such property and inter12 ests in property are in the United States, come with13 in the United States, or are or come within the pos14 session or control of a United States person. 

15 (2) EXCLUSION FROM THE UNITED STATES

16 AND REVOCATION OF VISA OR OTHER DOCUMENTA17 TION.—In the case of a foreign person who is an 

18 alien, denial of a visa to, and exclusion from the 

19 United States of, the alien, and revocation in accord20 ance with section 221(i) of the Immigration and Na21 tionality Act (8 U.S.C. 1201(i)), of any visa or other 

22 documentation of the alien. 

23 (d) IMPLEMENTATION; PENALTIES.— 

24 (1) IMPLEMENTATION.—The President shall ex25 ercise all authorities provided under sections 203 


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1 and 205 of the International Emergency Economic 

2 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

3 this section. 

4 (2) PENALTIES.—A person that violates, at5 tempts to violate, conspires to violate, or causes a 

6 violation of subsection (c)(1) or any regulation, li7 cense, or order issued to carry out that subsection 

8 shall be subject to the penalties set forth in sub9 sections (b) and (c) of section 206 of the Inter10 national Emergency Economic Powers Act (50 

11 U.S.C. 1705) to the same extent as a person that 

12 commits an unlawful act described in subsection (a) 

13 of such section. 

14 (e) EXCEPTIONS.— 

15 (1) IMPORTATION OF GOODS.—The authorities 

16 and requirements to impose sanctions under this 

17 section shall not include the authority or a require18 ment to impose sanctions on the importation of 

19 goods. 

20 (2) COMPLIANCE WITH UNITED NATIONS HEAD21 QUARTERS AGREEMENT.—Sanctions described in 

22 subsection (c)(2) shall not apply to an alien if admit23 ting the alien into the United States is necessary to 

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1 tions, signed at Lake Success June 26, 1947, and 

2 entered into force November 21, 1947, between the 

3 United Nations and the United States, or other ap4 plicable international obligations. 

5 (f) NATIONAL SECURITY WAIVER.—The President 

6 may waive the imposition of sanctions under this section 

7 with respect to a foreign person, on a case-by-case basis 

8 for renewable periods of 180 days, if the President sub9 mits to the appropriate congressional committees a deter10 mination that such waiver is in the vital national security 

11 interests of the United States. 

12 (g) TERMINATION OF SANCTIONS.—Notwithstanding 

13 any other provision of law, this section shall terminate on 

14 the date that is 30 days after the date on which the Presi15 dent determines and certifies to the appropriate congres16 sional committees (and Congress has not enacted legisla17 tion disapproving the determination within that 30-day pe18 riod) that all military or intelligence facilities of the PRC 

19 in Cuba have been closed. 

20 SEC. 453. CODIFICATION OF CUBA RESTRICTED LIST. 

21 The President may not remove any entity or sub22 entity from the List of Restricted Entities and Subentities 

23 Associated with Cuba of the Department of State (com24 monly known as the ‘‘Cuba Restricted List’’) if that entity 

25 or subentity was on such list as of July 1, 2024. 


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1 Subtitle D—Countering China 

2 Globally 

3 SEC. 461. SENSE OF CONGRESS REGARDING CHINA’S SUP4 PORT FOR RUSSIA IN UKRAINE. 

5 It is the sense of Congress that— 

6 (1) the PRC and the Russian Federation are 

7 strengthening their relationship to advance their mu8 tual fundamental interests in countering and weak9 ening the United States and the transatlantic alli10 ance as well as creating divisions between the United 

11 States and its allies and partners; 

12 (2) the PRC is supporting Russia’s unprovoked, 

13 full-scale, and brutal invasion of Ukraine, including 

14 through— 

15 (A) increasing trade with Russia by 30 

16 percent in 2022, and by another 26.3 percent 

17 in 2023; 

18 (B) purchasing massive amounts of Rus19 sian crude oil, coal, and natural gas under em20 bargo by the transatlantic alliance; 

21 (C) selling high-precision machinery, elec22 tronics, microelectronics, components of weap23 ons and weapons systems, base metals, textiles 

24 and apparel, vehicles, ships, and aircraft to 

25 Russia; 


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1 (D) abetting sanctions evasion in countries 

2 bordering Russia; and 

3 (E) amplifying Russian propaganda and 

4 false information; 

5 (3) the PRC has explored providing weapons 

6 and ammunition to the Russian Federation in order 

7 to support that country’s unlawful, imperialist war 

8 of aggression against Ukraine; 

9 (4) the Government of the PRC is not taking 

10 sufficient action to prevent PRC-based companies 

11 from exporting lethal equipment to the Russian Fed12 eration, as revealed by the credible evidence that 

13 PRC companies and entities have— 

14 (A) shipped unmanned aerial vehicles to 

15 Russia that were designated on customs forms 

16 as being ‘‘for use in the special military oper17 ation’’; 

18 (B) supplied Iran with drone parts that 

19 were later used by Russian forces in Ukraine; 

20 (C) sent ‘‘Tiger’’ armored personnel car21 riers to Chechen forces, raising the possibility 

22 that these vehicles being could be deployed to 

23 Ukraine; 


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1 (D) shipped tens of thousands of kilograms 

2 of smokeless gunpowder to a munitions factory 

3 in Russia; 

4 (E) provided Russia with optical parts 

5 used in tanks and armored vehicles; 

6 (F) permitted Russian purchases of nitro7 cellulose; and 

8 (G) allowed the shipment of engines for 

9 both missiles and drones to Russia; 

10 (5) because of this ongoing support for Russia’s 

11 war against Ukraine, the United States has sanc12 tioned dozens of PRC and Hong Kong-based enti13 ties; 

14 (6) the PRC’s support for Russia’s war against 

15 Ukraine threatens European stability and security, 

16 including that of those countries that the United 

17 States is committed to defend under the terms of 

18 the North Atlantic Treaty; 

19 (7) the United States, the European Union, 

20 and European countries must continue and increase 

21 implementation of sanctions and other appropriate 

22 punitive economic tools against PRC firms sup23 porting the Russian Federation’s war against 

24 Ukraine, including those supporting Russian para25 military organizations; 


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1 (8) the North Atlantic Treaty Organization’s 

2 (referred to in this section as ‘‘NATO’’) 2022 Stra3 tegic Concept correctly recognizes the need to pre4 pare for and respond to the threats posed by the 

5 PRC to Euro-Atlantic security, including threats de6 rived from its relationship with the Russian Federa7 tion and its efforts to divide United States and Eu8 ropean allies; 

9 (9) NATO members must work to implement 

10 and build on steps identified in NATO’s Strategic 

11 Concept, including— 

12 (A) building greater NATO expertise on 

13 the PRC and its military and intelligence 

14 apparatuses; 

15 (B) using NATO summits as an oppor16 tunity to check progress and update priorities; 

17 (C) making any needed adjustments to 

18 NATO’s operational plans to account for the 

19 ownership or involvement of PRC state-owned 

20 enterprises and other entities in space, key sea21 ports, communications nodes, and airports; and 

22 (D) instituting standards for NATO mem23 ber nations’ sales to the PRC or purchases of 

24 PRC-owned, security-related infrastructure, 

25 companies, and capabilities; 


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1 (10) the PRC has been clear about its desire to 

2 be included in diplomatic discussions about ending 

3 Russia’s war in Ukraine, including through the Feb4 ruary 2023 publication of a 12-point position paper 

5 on the ‘‘political settlement of the Ukraine crisis’’ 

6 and the appointment of a Special Envoy for Eur7 asian Affairs; 

8 (11) the PRC has done nothing to deliver tan9 gible outcomes on the elements of its position paper 

10 beyond symbolic actions, including a statement 

11 warning against nuclear saber rattling and a single 

12 phone call with Ukraine’s president; 

13 (12) although the PRC’s position paper calls 

14 for the full implementation of the July 2022 United 

15 Nations-brokered Black Sea Grain Initiative as a 

16 means to maintain global food security, and despite 

17 Xi Jinping’s emphasis on food security for his own 

18 country, Beijing did nothing to pressure the Russian 

19 Federation to return to the deal, which it abrogated 

20 in July 2023; 

21 (13) in February 2023, President Joseph R. 

22 Biden rightly dismissed the PRC’s ‘‘peace plan’’ (re23 ferring to the 12-point position paper), stating that 

24 it would not help ‘‘anyone other than Russia’’; 


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1 (14) the Biden Administration’s statements to 

2 PRC officials and public pronouncements since May 

3 2023 that the United States is open to a ‘‘construc4 tive role’’ for the PRC in Ukraine, even describing 

5 it as potentially ‘‘beneficial,’’ are deeply misguided 

6 and concerning; 

7 (15) given the PRC’s full support for Russia, 

8 Xi Jinping and the Government of the PRC should 

9 not be viewed as impartial brokers that will bring 

10 this war to an end on terms that will be positive for 

11 Ukraine, its independence, and the security of Eu12 rope; 

13 (16) although Russia and the PRC have dis14 agreements, both countries— 

15 (A) have independently concluded that 

16 their partnership is critical to their shared ob17 jective of countering the United States power; 

18 and 

19 (B) will not be swayed from this belief by 

20 strategies to drive a wedge between the 2 coun21 tries; 

22 (17) openness to PRC diplomatic involvement 

23 in Ukraine would set a precedent for allowing fur24 ther PRC involvement in European security issues, 


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1 while also allowing Xi Jinping to present himself as 

2 a responsible party to the international community; 

3 (18) the PRC’s role in a diplomatic peace set4 tlement in Ukraine would clear the way for that 

5 country’s substantial involvement in Ukraine’s re6 construction, allowing the PRC to benefit economi7 cally after it supported the aggressor and under8 mining broader United States efforts to counter 

9 PRC malign influence in Europe; 

10 (19) as earlier PRC investments in Ukraine 

11 targeted strategic sectors, any post-war PRC invest12 ments in Ukraine would give the PRC access to val13 uable military technology and know-how, as Ukraine 

14 inherited roughly one third of the Soviet Union’s de15 fense-industrial base and 15 percent of Soviet mili16 tary research and development facilities, and during 

17 its war against Russia, has made great strides in the 

18 development of certain defense items; 

19 (20) given China’s documented track record on 

20 corruption, a role for the PRC in Ukraine’s recon21 struction would undercut extensive ongoing United 

22 States and European efforts to align Ukrainian gov23 ernance and anti-corruption standards with those of 

24 Western institutions, as well as the European 

25 Union’s progress in helping Ukraine adhere to the 


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1 standards required for its prospective entry into the 

2 European Union; 

3 (21) it is of vital importance that the United 

4 States and Europe remain united in confronting the 

5 security and economic risks posed by a significant 

6 PRC role in diplomatic efforts to end Russia’s war 

7 in Ukraine, executing policies that account for great8 er Sino-Russian alignment, and working together 

9 closely on planning ahead for reconstruction to en10 sure that the PRC does not become Ukraine’s only 

11 option; 

12 (22) the United States, in collaboration with its 

13 partners, should support European countries tar14 geted by Chinese economic coercion and other at15 tempts to exert undue influence , either with respect 

16 to Ukraine or other issues; and 

17 (23) United States allies and partners in the 

18 Indo-Pacific, including Australia, Japan, Taiwan, 

19 and South Korea— 

20 (A) view the success of Ukraine’s struggle 

21 against Russian aggression as a key factor for 

22 deterring Chinese aggression in the Indo-Pa23 cific; and 

24 (B) have demonstrated this conviction by 

25 providing humanitarian and military assistance 


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1 to Ukraine and building ties with allies in Eu2 rope through defense industry relationships. 

3 SEC. 462. ENHANCING UNITED STATES-AFRICA TRADE AND 

4 INVESTMENT FOR PROSPERITY. 

5 (a) STATEMENT OF POLICY.—It is the policy of the 

6 United States to increase United States investment in Af7 rica, and to promote and facilitate trade between the 

8 United States and Africa, focused on key countries and 

9 sectors, that supports mutual economic growth and devel10 opment outcomes, long-term development of markets, and 

11 the strategic interests of the United States. 

12 (b) IN GENERAL.— 

13 (1) ESTABLISHMENT.—The President shall es14 tablish an office within a bureau of the United 

15 States Agency for International Development (re16 ferred to in this section as ‘‘USAID’’) to coordinate 

17 the activities of the United States Government re18 lated to increasing trade and investment between the 

19 United States and Africa, which— 

20 (A) should include representation from rel21 evant agencies designated by the President; 

22 (B) identifies priority countries and sectors 

23 for United States foreign investment in coun24 tries in Africa and sectors and countries that 

25 support United States economic growth and 


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1 promotes trade based on the analysis required 

2 in subsection (c); 

3 (C) coordinates activities and implementing 

4 mechanisms, including at United States embas5 sies in Africa, to carry out the policy set forth 

6 in subsection (a), including by— 

7 (i) providing program support and 

8 guidance to implement the policy described 

9 in subsection (a); 

10 (ii) providing information and analysis 

11 to United States companies and investors 

12 in countries and sectors identified pursu13 ant to subparagraph (B); 

14 (iii) serving, as needed, as an informa15 tion clearinghouse for the United States 

16 Government for businesses, investors, and 

17 civic organizations, and others in the 

18 United States seeking information related 

19 to investing in Africa; and 

20 (iv) connecting such entities with 

21 teams at United States embassies overseas; 

22 and 

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1 dress them, including strengthening programs 

2 and activities aimed at improving the enabling 

3 environment in those countries. 

4 (2) ORGANIZATION.— 

5 (A) IN GENERAL.—The office established 

6 pursuant to paragraph (1) shall be led by an 

7 Executive Director who shall be designated by 

8 the USAID Administrator, and who shall— 

9 (i) lead the interagency efforts de10 scribed in subsection (a); 

11 (ii) identify, not later than 90 days of 

12 the release of the analysis required in sub13 section (c), a list of priority countries for 

14 the purposes of carrying out this Act; 

15 (iii) plan, coordinate, and oversee the 

16 policies, activities, and programs of United 

17 States Government Agencies, in the United 

18 States and in overseas missions, involved 

19 in promoting or facilitating trade, and in20 vestment activities between the United 

21 States and Africa, and development and 

22 coordination of relevant activities meant to 

23 improve the enabling environment; 

24 (iv) identify and provide information 

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1 formation, and United States Government 

2 programs to support trade and investment 

3 activities in priority countries and sectors 

4 identified in paragraph (1)(A); and 

5 (v) convene, not less frequently than 

6 quarterly, a committee consisting of the di7 rectors from each agency designated under 

8 subparagraph (B) to provide strategic 

9 guidance and coordination for the policy, 

10 programs, and activities of Prosper Africa. 

11 (B) DESIGNATION OF PARTICIPATING DE12 PARTMENTS.—The President shall designate 

13 Federal departments and agencies to partici14 pate in support of the policy set forth in sub15 section (a) and direct the head of each of des16 ignated agency— 

17 (i) to designate an employee to serve 

18 as a focal point for each agencies’ respec19 tive activities related to subsection (a), who 

20 shall coordinate the relevant activities of 

21 their respective agency and liaise with the 

22 Executive Director designated pursuant to 

23 subparagraph (A); and 


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1 (ii) to designate an employee to serve 

2 at United States embassies in priority 

3 countries identified in paragraph (1)(A). 

4 (3) STAFFING.—In order to carry out sub5 section (a)— 

6 (A) the Executive Director shall have the 

7 authority, as appropriate, to hire employees and 

8 contractors in a manner that is consistent with 

9 existing hiring authorities of USAID to support 

10 the execution of efforts in paragraph (2), and 

11 shall be supported, as appropriate, by staff de12 tailed from any Federal agency designated pur13 suant to paragraph (2)(B); and 

14 (B) the Chief of Mission in priority coun15 tries— 

16 (i) shall take an active and direct 

17 leadership role in promoting, supporting, 

18 and facilitating activities pursuant to sub19 section (a); 

20 (ii) shall designate a Foreign Service 

21 Officer, a Foreign Commercial Service Of22 ficer, or other direct hire person under 

23 Chief of Mission Authority to lead an 

24 interagency team to support activities pur25 suant to subsection (a) who shall— 


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1 (I) conduct assessments of mar2 ket conditions and business operating 

3 environments; 

4 (II) identify investment opportu5 nities; 

6 (III) foster relationships and 

7 communications between United 

8 States investors and businesses and 

9 African businesses and individuals 

10 within their country of responsibility; 

11 and 

12 (IV) carry out other duties as 

13 necessary; and 

14 (iii) is authorized to hire locally em15 ployed staff with relevant experience to 

16 support the activities of the team estab17 lished pursuant to clause (ii). 

18 (c) MARKET AND SECTOR ANALYSIS.— 

19 (1) IN GENERAL.—Not later than 180 days 

20 after the date of the enactment of this Act, and 

21 every 4 years thereafter until 2031, the Executive 

22 Director of Prosper Africa shall commission and 

23 publish a study of the investment environment in Af24 rica that incorporates— 


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1 (A) an analysis of which markets are the 

2 most promising for private investment; 

3 (B) an analysis of African markets that 

4 identifies which industries and sectors United 

5 States firms have an advantage in comparison 

6 to other sources of foreign direct investment; 

7 and 

8 (C) an analysis of perceived and actual 

9 barriers to United States private investment, 

10 including— 

11 (i) significant legal and regulatory 

12 constraints to foreign investment and busi13 ness operating environments; 

14 (ii) reputational risks; 

15 (iii) investor information gaps; and 

16 (iv) access to and affordability of cap17 ital, labor markets, currency volatility, and 

18 infrastructure. 

19 (2) AGREEMENT.—To produce the study re20 quired under paragraph (1), the Executive Director 

21 may enter into an agreement with a qualified United 

22 States private sector consultant or subject matter 

23 expert who shall conduct the study. 

24 (3) DISTRIBUTION.—The Administrator of the 

25 United States Agency for International Development 


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1 shall submit each study required under paragraph 

2 (1) to the appropriate congressional committees and 

3 shall make each such study publicly available. 

4 (4) PRIORITY COUNTRIES.—The Executive Di5 rector shall identify the priority countries of the 

6 Prosper Africa program, pursuant to subsection 

7 (b)(2)(A)(2), based on the findings of the study re8 quired under paragraph (1). 

9 (d) SMALL AND MEDIUM ENTERPRISES.—To the ex10 tent practicable, Prosper Africa shall promote and facili11 tate investments in small and medium enterprises, includ12 ing by establishing and supporting relationships between 

13 United States Government institutions, philanthropic in14 stitutions, and private lenders to mobilize blended finance 

15 for small and medium enterprises in Africa. 

16 (e) SUPPORT FOR DIASPORA INVESTMENT.— 

17 (1) IN GENERAL.—Prosper Africa shall seek to 

18 support and facilitate investments in Africa by 

19 United States citizens and residents who identify as 

20 members of the African Diaspora. 

21 (2) PRESIDENT’S ADVISORY COUNCIL ON AFRI22 CAN DIASPORA ENGAGEMENT IN THE UNITED

23 STATES.—The Prosper Africa Coordinator shall con24 sult with the President’s Advisory Council on Afri25 can Diaspora Engagement in the United States (reVerDate Sep 11 2014 18:55 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 E:\BILLS\S5131.IS S5131

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1 ferred to in this subsection as ‘‘the Council’’), estab2 lished by Executive Order 14089, on issues relating 

3 to increasing, developing, and sustaining investments 

4 in Africa by United States members of the African 

5 diaspora. 

6 (A) MEMBERSHIP.—The Executive Direc7 tor shall recommend to the President for ap8 pointment to the Council not fewer than 3 indi9 viduals who have significant relevant experience 

10 in the fields of trade, private investment, eco11 nomics, or international development, or other 

12 relevant fields. 

13 (B) ANNUAL REPORT.—The Council shall 

14 publish an annual report on investment in Afri15 ca by United States members of the African di16 aspora and barriers to increased investment by 

17 the diaspora. 

18 (3) DIASPORA BUSINESS FORUMS.—The Pros19 per Africa Coordinator shall organize public meet20 ings throughout the United States with members of 

21 the African Diaspora community that— 

22 (A) provide a forum for communication, 

23 education, and information about investment 

24 opportunities; and 


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1 (B) may be coordinated with local civic, 

2 community, and business organizations, as ap3 propriate. 

4 (f) BUSINESS ENABLING ENVIRONMENT.—The Pros5 per Africa Coordinator, in coordination with the respective 

6 Chiefs of Mission at designated United States Embassies, 

7 shall seek to strengthen the business enabling environment 

8 in Africa by— 

9 (1) identifying barriers to United States invest10 ment on a country-by-country basis; 

11 (2) identifying existing development and tech12 nical assistance programs that can serve to eliminate 

13 the barriers in paragraph (1); 

14 (3) ensuring country development cooperation 

15 strategies and regional development cooperation 

16 strategies incorporate program and activities, fo17 cused on addressing specific barriers to private sec18 tor investment as identified in paragraph (1); and 

19 (4) providing policy advice and technical assist20 ance to select African countries to develop and im21 prove regulatory and legal structures, taxation and 

22 customs regimes, policy frameworks, and other rel23 evant structures and practices to improve the oper24 ating environments for businesses and eliminate 

25 other barriers to competition. 


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1 (g) EVALUATION.—Not later than 1 year after the 

2 date of enactment of this Act, the Comptroller General 

3 of the United States shall submit to the appropriate con4 gressional committees a report containing recommenda5 tions for improving effectiveness of United States Govern6 ment actions to carry out subsection (a), including by eval7 uating the effectiveness of the organizational structure 

8 and staffing of this section the effectiveness of the steps 

9 undertaken to carry out subsection (d) and the applica10 bility of metrics used to produce this report. 

11 SEC. 463. REPORT ON HORN OF AFRICA. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) it is in the interest of the United States to 

15 engage in diplomatic efforts in the Red Sea region 

16 that counter PRC influence through increased 

17 United States engagement that— 

18 (A) promotes the strengthening of free, 

19 open, transparent, democratic partners; 

20 (B) encourages international dialogue on 

21 shared transnational security issues; 

22 (C) assesses the root causes of forced mi23 gration and cooperatively responds to vulnerable 

24 refugees; 


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1 (D) maintains secure and free navigation 

2 of international waters to encourage inter3 national economic integration and mitigate 

4 threats; 

5 (E) prevents and counters violent extre6 mism, as well as the illicit activities that enable 

7 terrorist activities; and 

8 (F) monitors and combats illegal, unre9 ported, and unregulated fishing; 

10 (2) increased United States engagement in the 

11 Horn of Africa and Red Sea region has presented an 

12 opportunity to build and strengthen security co13 operation with key partners in that region; 

14 (3) the Red Sea region includes a strategic 

15 maritime choke point, the Bab-al-Mandeb Strait, 

16 which— 

17 (A) connects the Red Sea to the Gulf of 

18 Aden; and 

19 (B) is essential to support United States 

20 national security interests, including countering 

21 the flows of Iranian lethal aid to Yemen and fa22 cilitating the free flow of commerce; 

23 (4) increased United States engagement with 

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1 tegic maritime routs in the Red Sea and Gulf of 

2 Aden could— 

3 (A) contribute to the achievement of 

4 United States national security interests given 

5 the evolving security situating in the region; 

6 and 

7 (B could provide flexibility with regards to 

8 the delivery of humanitarian assistance in the 

9 Horn of Africa region and beyond; and 

10 (5) security cooperation in the Red Sea and 

11 Gulf of Aden region is critical— 

12 (A) to maintaining a de facto ceasefire in 

13 Yemen; and 

14 (B) to further a political resolution to the 

15 Yemeni conflict. 

16 (b) STATEMENT OF POLICY.—It is the policy of the 

17 United States— 

18 (1) to establish and maintain an approach to19 wards the Red Sea region that promotes United 

20 States economic, political, and security interests in 

21 the region; 

22 (2) to facilitate and support sustained regional 

23 dialogue between the United States and countries in 

24 the Red Sea region and other non-littoral states that 

25 have interests in the Red Sea region by creating 


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1 lasting mechanisms for cooperative, multinational ef2 forts to advance democracy, human rights, good gov3 ernance, combat illegal, unregulated, and unreported 

4 fishing; counter-terrorism, counter-smuggling, con5 flict prevention, resolution, and adaptation in and 

6 surrounding the Red Sea region; 

7 (3) to preserve and enhance a free, stable, pros8 perous Red Sea region by supporting and defending 

9 principles that contribute to such conditions, includ10 ing by supporting— 

11 (A) the sovereignty and self-determination 

12 of countries in the Red Sea region; 

13 (B) sustainable economic development; 

14 (C) increased democratization and respect 

15 for internationally recognized human rights; 

16 (D) transparent and accountable govern17 ance; 

18 (E) prudent management of natural re19 sources and enhanced food security; 

20 (F) protection of migrants and refugees; 

21 and 

22 (G) women and girls with attention to gen23 der-based violence in the region; 

24 (4) to secure the safe transit of vessels through 

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1 itime security posed by malign actors, including the 

2 Houthis in Yemen, by— 

3 (A) helping build the capacity of partner 

4 countries and sharing information with regional 

5 partners, where appropriate; 

6 (B) securing coastal infrastructure critical 

7 to the interests of the United States, including 

8 United States military bases, ports, undersea 

9 communication cables, oil pipelines, and depots; 

10 (C) supporting, where appropriate, law en11 forcement and defense capabilities of Red Sea 

12 region partners; 

13 (D) enabling partner nations’ defensive ca14 pabilities and encouraging counter-smuggling 

15 operations; and 

16 (E) reducing human, narcotics, and arms 

17 trafficking, piracy, and illegal, unregulated, and 

18 unreported fishing; 

19 (5) to bolster preventative diplomacy to prevent 

20 conflicts and to support the peaceful resolution of 

21 conflict within and among countries; 

22 (6) to analyze and address natural and man23 made environmental threats in cooperation with our 

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1 custs, threats to regional water supplies, and devel2 opmental activities; 

3 (7) to encourage principled, transparent foreign 

4 investment and trade, with a particular emphasis on 

5 the Horn of Africa, including by United States and 

6 Western corporations; 

7 (8) to ensure foreign investments and presence, 

8 including economic, military, or otherwise, do not re9 sult in the destabilization of any countries; 

10 (9) to help countries address opaque invest11 ments and undue influence by malign actors and 

12 promote and assist with the development of strate13 gies to ensure transparency and fair treatment by 

14 foreign actors; 

15 (10) to help countries respond to violent ex16 tremist groups that threaten stability and disrupt 

17 their funding and weapons supplies; 

18 (11) to increase United States diplomatic pres19 ence and influence; 

20 (12) to counter PRC military, diplomatic, eco21 nomic and cultural influence in the Red Sea region 

22 through increased United States engagement, in23 cluding democracy and governance assistance, eco24 nomic assistance, infrastructure investment and se25 curity assistance and cooperation; and 


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1 (13) to mitigate threats posed by the Houthis 

2 in Yemen to regional stability and to vessels 

3 transiting the Red Sea or Gulf of Aden by enabling 

4 partner nations’ defensive capabilities and encour5 aging counter-smuggling operations. 

6 (c) STRATEGY.—Not later than 180 days after the 

7 date of the enactment of this Act, the Secretary, in con8 sultation with the Secretary of Defense, the Administrator 

9 of the United States Agency for International Develop10 ment, and the heads of other relevant Federal Government 

11 agencies, shall submit to the appropriate congressional 

12 committees a 5-year integrated strategy for the Red Sea 

13 region that includes— 

14 (1) a clear articulation of the security, political, 

15 and economic interests of the United States, with 

16 special emphasis on the promotion of the policy ob17 jectives in subsection (b); 

18 (2) plans for ensuring the Red Sea Security 

19 Forum required under subsection (f) will further 

20 shared interests between the United States and part21 ners and allies in democracy, human rights, inclusive 

22 governance, economic development, anti-corruption, 

23 counter-terrorism, conflict prevention and resolution, 

24 and other relevant areas; 


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1 (3) plans for fostering regional cooperation on 

2 issues, such as migration, including forced migration 

3 and its root causes, and supporting refugee assist4 ance; 

5 (4) plans for increasing United States economic 

6 engagement in the region through diplomatic and, 

7 where applicable, programmatic support for— 

8 (A) a rules-based investment climate; 

9 (B) United States private sector invest10 ment; 

11 (C) regional economic integration, if and 

12 as appropriate; and 

13 (D) an assessment that clearly identifies 

14 the implications of investment schemes of ma15 lign actors and strategic competitors in the Red 

16 Sea region; 

17 (5) plans for ensuring engagement, as appro18 priate, of initiatives such as Prosper Africa, Power 

19 Africa, the Middle East Partnership Initiative, and 

20 expertise of independent United States Government 

21 agencies, such as the Development Finance Corpora22 tion, the United States African Development Foun23 dation, and other relevant United States Govern24 ment programs to carry out activities that advance 


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1 United States security, environment, energy, and 

2 economic interests in the Red Sea region; 

3 (6) plans for supporting specific programs and 

4 activities required to help bolster military and civil5 ian capacity to prevent and counter violent extre6 mism, to reduce human, narcotics, and arms traf7 ficking, and to maintain the secure and free flow of 

8 United States and partner military and commercial 

9 vessels informed by a county by country assessment 

10 of the gaps left by current programming, and in ac11 cordance with international humanitarian law; 

12 (7) plans for protecting coastal infrastructure 

13 critical to United States interests and, where appro14 priate, enhance partner government capacity to that 

15 end, including United States military bases, ports, 

16 undersea communication cables, and oil pipelines 

17 and depots; and 

18 (8) plans for countering Russian and PRC mili19 tary, diplomatic, economic and cultural influence in 

20 the Red Sea region. 

21 (d) CONSULTATION.—Not later than 120 days after 

22 the date of enactment of this Act, the Secretary shall con23 sult with the appropriate congressional committees on the 

24 strategy detailed in subsection (c). 

25 (e) POLICY AND DIPLOMATIC COORDINATION.— 


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1 (1) ESTABLISHMENT OF NEW POSITION.— 

2 There may be established within the Department of 

3 State an Office of the United States Senior Coordi4 nator for the Red Sea Region, which shall be led by 

5 a Senate-confirmed Senior Coordinator who shall 

6 work closely with the Bureaus of African Affairs, 

7 Near Eastern Affairs, relevant Department bureaus 

8 and offices, the Department of Defense, the United 

9 States Agency for International Development and 

10 others in the United States Government to develop, 

11 integrate, and coordinate a strategic approach to12 wards the Red Sea region and who shall— 

13 (A) be subject to the advice and consent of 

14 the Senate; 

15 (B) report directly to the Under Secretary 

16 of State for Political Affairs; 

17 (C) coordinate the development and lead 

18 the implementation of the strategy required 

19 under subsection (c); 

20 (D) ensure, in consultation with the Assist21 ant Secretary of State for African Affairs and 

22 the Assistant Secretary of State for Near East23 ern Affairs, that United States Ambassadors in 

24 the Red Sea region— 

25 (i) are aware of such strategy; and 


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1 (ii) are taking concrete actions on a 

2 regular basis in the countries in which they 

3 serve to help further such strategy; 

4 (E) ensure relevant Department of State 

5 programs and activities being carried out in the 

6 Red Sea region are coordinated in such a way 

7 that they advance the policy and strategy de8 scribed in [section b and c]; 

9 (F) coordinate, through the establishment 

10 of an interagency working group, with the As11 sistant Administrators for Africa, the Middle 

12 East, and other relevant USAID bureaus, and 

13 with the Deputy Assistant Secretaries of De14 fense for Africa and the Middle East at Depart15 ment of Defense to identify programs and ac16 tivities of their respective bureaus and agencies 

17 that will support the strategy described in sub18 section (c); 

19 (G) lead United States diplomatic efforts 

20 on transnational issues in the Red Sea region; 

21 and 

22 (H) ensure that appropriate congressional 

23 committees are regularly informed relative to 

24 Red Sea and Gulf of Aden issues. 


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1 (2) DIPLOMATIC POSTS.—Not later than 180 

2 days after the date of the enactment of this Act, the 

3 Secretary shall submit a report to the appropriate 

4 congressional committees that examines— 

5 (A) the feasibility of adding at least 1 ad6 ditional position to United States diplomatic 

7 posts at each of the embassies in the Red Sea 

8 region; 

9 (B) any other explicit personnel plans to 

10 increase reporting on, among other issues, polit11 ical, economic, and security engagement in the 

12 Red Sea region by actors from outside the re13 gion, especially the PRC, the Russian Federa14 tion, Iran, the Republic of Tu ̈rkiye, and the 

15 Arabian Gulf countries; and 

16 (C) actions taken by countries that could 

17 have a destabilizing effect on the Red Sea re18 gion. 

19 (3) ESTABLISHMENT OF REPORTING CAT20 EGORY.—Not later than 30 days after the date of 

21 the enactment of this Act, the Secretary shall create 

22 a Red Sea region category within the internal re23 porting system of the Department of State to enable 

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1 ment to better identify and access reporting per2 taining to the Red Sea region. 

3 (f) RED SEA SECURITY FORUM.—The Secretary, in 

4 consultation with the Secretary of Defense and the Admin5 istrator of the United States Agency for International De6 velopment, shall convene an annual security forum involv7 ing United States and foreign diplomatic, development 

8 and defense officials, representatives of multilateral orga9 nizations, and civil society to identify and develop ap10 proaches to shared challenges in the Red Sea region, in11 cluding— 

12 (1) countering PRC influence; 

13 (2) maritime security and transnational threats 

14 including counter-terrorism, piracy and arms, and 

15 narcotics trafficking; 

16 (3) food security; 

17 (4) trade; 

18 (5) forced migration; and 

19 (6) environmental security. 

20 (g) REPORTING REQUIREMENT.—Not later than 1 

21 year after the date of the enactment of this Act, and annu22 ally for the following 4 years, the Secretary shall submit 

23 a report to the appropriate congressional committees that 

24 includes— 


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1 (1) the status of the implementation of the 

2 strategy required under subsection (c); 

3 (2) a description of the engagement of inter4 national actors in countries in Africa that are part 

5 of the Red Sea region, with special emphasis on the 

6 PRC, the Russian Federation, Iran, the Republic of 

7 Tu ̈rkiye, and Arabian Gulf countries, the implica8 tions of their engagement for the national security 

9 interests of the United States, and steps taken to 

10 counter the influence of the aforementioned inter11 national actors; 

12 (3) a detailed description of the illicit networks 

13 that move people, narcotics, and arms across the 

14 Red Sea region; 

15 (4) a discussion of key foreign investors and in16 vestments in the Red Sea region initiated over the 

17 previous year, including by United States and for18 eign actors; 

19 (5) a country-by-country itemization of all 

20 United States democracy and governance assistance 

21 provided to countries in the Red Sea region, broken 

22 down by program and by funding sources and levels, 

23 along with an identification of the intended and ac24 tual outcomes; 


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1 (6) a country-by-country itemization of all 

2 United States security assistance provided to coun3 tries in the Red Sea region, along with an identifica4 tion of the security capabilities of countries in the 

5 Red Sea region, intended gaps in capabilities that 

6 United States assistance is intended to fill, and ac7 tual outcomes; 

8 (7) an assessment of the extent to which a sus9 tained United States presence in Somaliland 

10 would— 

11 (A) support United States policy focused 

12 on the Red Sea region, including the ‘‘pro13 motion of conflict avoidance and resolution’’; 

14 (B) improve cooperation on counter-ter15 rorism and intelligence sharing, including by— 

16 (i) degrading and ultimately defeating 

17 the terrorist threat posed by Al-Shabaab, 

18 the Islamic State in Somalia, and other 

19 terrorist groups operating in Somalia; and 

20 (ii) countering the malign influence of 

21 the Iranian regime and its terror proxies; 

22 (C) enhance cooperation on counter-traf23 ficking, including the trafficking of humans, 

24 wildlife, weapons, and illicit goods; 


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1 (D) support trade and development in the 

2 region; 

3 (8) recommendations for facilitating the dis4 tribution of humanitarian assistance in the Horn of 

5 Africa; and 

6 (9) recommendation for countering the presence 

7 of the Russian Federation and the PRC in the Horn 

8 of Africa, including by detailing— 

9 (A) the PRC’s interest in access to port fa10 cilities in Djibouti, Mombasa, Massawa, and 

11 Assab; 

12 (B) the PRC’s role in fomenting unrest in 

13 the Sool region of Somaliland; and 

14 (C) the role Somaliland’s relationship with 

15 the Republic of China (Taiwan) counters PRC 

16 influence in the region and contributes to 

17 United States interests. 

18 (h) FORM.—The report required under this section 

19 shall be unclassified to the maximum extent practicable, 

20 but may include a classified annex. 

21 SEC. 464. SENSE OF CONGRESS ON JACKSON-VANIK. 

22 It is the sense of Congress that it is in the interests 

23 of the United States to waive the application of section 

24 402(e) of the Trade Act of 1974 (19 U.S.C. 2432(e)) with 

25 respect to Uzbekistan (upon Uzbekistan’s accession to the 


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1 World Trade Organization) and with respect to 

2 Kazakhstan. 

3 Subtitle E—United States Interests 

4 in International Organizations 

5 SEC. 471. GLOBAL PEACE OPERATIONS INITIATIVE. 

6 Section 552 of the Foreign Assistance Act of 1961 

7 (22 U.S.C. 2348a) is amended by adding at the end the 

8 following: 

9 ‘‘(e) None of the funds authorized to be appropriated 

10 or otherwise made available to carry out this chapter, in11 cluding for the Global Peace Operations Initiative of the 

12 Department of State, may be used to train or support for13 eign military forces in peacekeeping training exercises im14 plemented by the Government of the People’s Republic of 

15 China or the People’s Liberation Army, unless, by not 

16 later than October 1 of each year, the Secretary certifies 

17 to the Committee on Foreign Relations of the Senate and 

18 the Committee on Foreign Affairs of the House of Rep19 resentatives that such training or support is important to 

20 the national security interests of the United States.’’. 

21 SEC. 472. OFFICE ON MULTILATERAL STRATEGY AND PER22 SONNEL. 

23 The Bureau of International Organization Affairs of 

24 the Department of State shall create and maintain, within 


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1 the Bureau, the Office on Multilateral Strategy and Per2 sonnel, which shall— 

3 (1) create, coordinate, and maintain a whole-of4 government strategy to strengthen United States en5 gagement and leadership with multilateral institu6 tions; 

7 (2) coordinate United States Government ef8 forts related to the United Nations Junior Profes9 sional Office program (referred to in this section as 

10 ‘‘JPO’’), including— 

11 (A) recruiting qualified individuals who 

12 represent the United States rich diversity to 

13 apply for United States-sponsored JPO posi14 tions; 

15 (B) collecting and collating information 

16 about United States-sponsored JPOs from 

17 across the United States Government; 

18 (C) establishing and providing orientation 

19 and other training to United States-sponsored 

20 JPOs; 

21 (D) maintaining regular contact with cur22 rent and former United States-sponsored JPOs, 

23 including providing career and professional ad24 vice to United States-sponsored JPOs; 


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1 (E) making strategic decisions, including 

2 regarding the location and duration of United 

3 States-sponsored JPO positions, to strengthen 

4 United States national security interests and 

5 the competitive advantage of United States6 sponsored JPOs for future employment; 

7 (F) sponsoring events, including represen8 tational events, as appropriate, to support 

9 United States-sponsored JPOs; and 

10 (G) evaluating the efficacy of the United 

11 States JPO strategy and its implementation at 

12 regular intervals; 

13 (3) coordinate and oversee a whole-of-govern14 ment United States strategy and efforts in relation 

15 to promoting qualified candidates, including can16 didates from partner or allied nations, to elected or 

17 appointed to senior positions at multilateral institu18 tions, including— 

19 (A) creating a whole-of-government strat20 egy that identifies and prioritizes upcoming 

21 openings of leadership positions at multilateral 

22 organizations; 

23 (B) identifying and recruiting qualified 

24 candidates to apply or run for such positions; 

25 and 


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1 (C) creating and implementing a strategy 

2 to obtain the support necessary for candidates 

3 for such positions, including— 

4 (i) liaising and coordinating with 

5 international partners to promote can6 didates; and 

7 (ii) working with embassies to lobby 

8 other officials needed to support relevant 

9 candidates; 

10 (4) promote detail and transfer opportunities 

11 for qualified United States personnel to multilateral 

12 organizations under section 3343 or 3581 of title 5, 

13 United States Code, including— 

14 (A) by liaising with multilateral institu15 tions to promote and identify detail and trans16 fer opportunities; 

17 (B) by developing and maintaining a data18 base of detail and transfer opportunities to mul19 tilateral organizations; 

20 (C) by promoting such detail and transfer 

21 opportunities within the United States Govern22 ment and making such database available to 

23 those eligible for details and transfers; and 

24 (D) by facilitating any relevant orientation, 

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1 ferees, including debriefing detailees and trans2 ferees upon their return to the United States 

3 Government; and 

4 (5) develop and oversee official and regular 

5 United States Government fellowships at multilat6 eral institutions to provide United States Govern7 ment personnel additional opportunities to undertake 

8 details at multilateral institutions. 

9 SEC. 473. AUTHORIZATION OF APPROPRIATIONS FOR JUN10 IOR PROFESSIONAL OFFICER POSITIONS AND 

11 UNITED STATES CANDIDATES FOR LEADER12 SHIP POSITIONS IN MULTILATERAL INSTITU13 TIONS. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated $10,000,000, for each 

16 of the fiscal years 2024 through 2030, which, upon appro17 priation, shall remain available until expended and shall 

18 be used by the Secretary to support Junior Professional 

19 Officer positions at multilateral institutions, including 

20 by— 

21 (1) recruiting, training, and hosting events re22 lated to such positions; and 

23 (2) promoting United States candidates for 

24 leadership positions at multilateral institutions. 


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1 (b) CONGRESSIONAL NOTIFICATION.—Not later than 

2 15 days before obligating any funds appropriated pursu3 ant to subsection (a), the Secretary shall notify the Com4 mittee on Foreign Relations of the Senate, the Committee 

5 on Appropriations of the Senate, the Committee on For6 eign Affairs of the House of Representatives, and the 

7 Committee on Appropriations of the House of Representa8 tives regarding the amount and proposed use of such 

9 funds. 

10 SEC. 474. SAFEGUARDING THE INTEGRITY OF THE UNITED 

11 NATIONS SYSTEM. 

12 (a) SENSE OF CONGRESS.—It is the sense of the Con13 gress that— 

14 (1) the United Nations system is critical to ad15 vancing peace and security, internationally recog16 nized human rights, and development; 

17 (2) the United States benefits from opportuni18 ties at the United Nations to engage in multilateral 

19 diplomacy— 

20 (A) to advance its own interests; and 

21 (B) to work with other members of the 

22 international community to address complex 

23 and shared challenges; and 

24 (3) the United States has an interest in safe25 guarding the integrity the United Nations system. 


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1 (b) PRIORITIZING THE UNITED NATIONS SYSTEM.— 

2 The Secretary, in coordination with the Permanent Rep3 resentative of the United States to the United Nations, 

4 as appropriate, shall prioritize the United Nations system, 

5 including by instructing the senior leadership of the 

6 United States Mission to the United Nations and other 

7 United States missions to the United Nations— 

8 (1) to promote United States participation in 

9 the United Nations system, and that of United 

10 States allies and partners who are committed to up11 holding the integrity of the United Nations; 

12 (2) to ensure that United Nations employees 

13 are held accountable to their obligation to uphold 

14 the United Nations charter, rules, and regulations; 

15 (3) to monitor and counter undue influence, es16 pecially by authoritarian governments, within the 

17 United Nations system; 

18 (4) to promote the participation and inclusion 

19 of Taiwan throughout the United Nations system 

20 and its affiliated agencies and bodies; and 

21 (5) to advance other priorities deemed relevant 

22 by the Secretary and the Permanent Representative 

23 of the United States to the United Nations to safe24 guard the integrity of the United Nations system. 


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1 SEC. 475. DEPARTMENT OF STATE REPORT ON THE PEO2 PLE’S REPUBLIC OF CHINA’S UNITED NA3 TIONS PEACEKEEPING EFFORTS. 

4 (a) ANNUAL REPORT.—Not later than January 31 

5 of each year through January 31, 2027, the Secretary 

6 shall submit a report to the appropriate congressional 

7 committees describing the People’s Republic of China’s 

8 United Nations peacekeeping efforts. 

9 (b) ELEMENTS.—The report required under sub10 section (a) shall include an assessment of the PRC’s con11 tributions to United Nations peacekeeping missions, in12 cluding— 

13 (1) a detailed list of the placement of PRC 

14 peacekeeping troops; 

15 (2) a list of the number of troops participating 

16 in the United Nations Peacekeeping Mission from 

17 the PRC, the United States, and other permanent 

18 members of the United Nations Security Council; 

19 (3) an estimate of when the PRC is expected to 

20 surpass the United States as the top financial con21 tributor to the United Nations peacekeeping oper22 ations; 

23 (4) an estimate of the amount of money that 

24 the PRC receives from the United Nations for its 

25 peacekeeping efforts; 


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1 (5) an estimate of the portion of the money the 

2 PRC receives for its peacekeeping operations and 

3 troops that comes from United States contributions 

4 to United Nations peacekeeping efforts; 

5 (6) an analysis comparing the locations of PRC 

6 peacekeeping troops and the locations of ‘‘One Belt, 

7 One Road’’ projects; and 

8 (7) an assessment of the number of Chinese 

9 United Nations peacekeepers who are part of the 

10 People’s Liberation Army or the People’s Armed Po11 lice, including the rank, division, branch, and theater 

12 command of such peacekeepers. 

13 TITLE V—INVESTING IN OUR 

14 VALUES THROUGH SANC15 TIONS AND UNITED NATIONS 

16 REFORMS 

17 SEC. 501. IMPOSITION OF SANCTIONS WITH RESPECTS TO 

18 SYSTEMATIC RAPE, COERCIVE ABORTION, 

19 FORCED STERILIZATION, OR INVOLUNTARY 

20 CONTRACEPTIVE IMPLANTATION IN THE 

21 XINJIANG UYGHUR AUTONOMOUS REGION. 

22 (a) IN GENERAL.—Section 6(a)(1) of the Uyghur 

23 Human Rights Policy Act of 2020 (Public Law 116–145; 

24 22 U.S.C. 6901 note) is amended— 


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1 (1) by redesignating subparagraphs (E) and 

2 (F) as subparagraphs (F) and (G), respectively; and 

3 (2) by inserting after subparagraph (D) the fol4 lowing: 

5 ‘‘(E) Systematic rape, coercive abortion, 

6 forced sterilization, involuntary contraceptive 

7 implantation policies and practices, or any other 

8 type of sexual or gender based violence.’’. 

9 (b) EFFECTIVE DATE; APPLICABILITY.—The amend10 ment made by subsection (a)— 

11 (1) shall take effect on the date of the enact12 ment of this Act; and 

13 (2) shall apply with respect to the first report 

14 required under section 6(a)(1) of the Uyghur 

15 Human Rights Policy Act of 2020 (Public Law 116– 

16 145; 22 U.S.C. 6901 note) submitted after such 

17 date of enactment. 

18 SEC. 502. REMOVAL OF MEMBERS OF THE UNITED NATIONS 

19 HUMAN RIGHTS COUNCIL THAT COMMIT 

20 HUMAN RIGHTS ABUSES. 

21 The President shall direct the Permanent Represent22 ative of the United States to the United Nations to use 

23 the voice, vote, and influence of the United States— 

24 (1) to reform the process for suspending the 

25 rights of membership on the United Nations Human 


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1 Rights Council for countries whose governments 

2 commit gross and systemic violations of human 

3 rights, including— 

4 (A) seeking to lower the threshold vote at 

5 the United Nations General Assembly for sus6 pension of the rights of membership to a simple 

7 majority; 

8 (B) ensuring information detailing a mem9 ber country’s human rights record is publicly 

10 available before a vote on suspension of its 

11 rights of membership; and 

12 (C) making the vote of each country on the 

13 suspension of rights of membership from the 

14 United Nations Human Rights Council publicly 

15 available; 

16 (2) to reform the rules for electing members to 

17 the United Nations Human Rights Council to seek 

18 to ensure United Nations members whose govern19 ments have committed gross and systemic violations 

20 of internationally recognized human rights are not 

21 elected to the Human Rights Council; and 

22 (3) to oppose the election to the Human Rights 

23 Council of any United Nations member— 

24 (A) the government of which has been de25 termined to be engaging in a consistent pattern 


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1 of gross violations of internationally recognized 

2 human rights pursuant to section 116 or sec3 tion 502B of the Foreign Assistance Act of 

4 1961 (22 U.S.C. 2151n and 2304); 

5 (B) currently designated as a state sponsor 

6 of terrorism; 

7 (C) currently designated as a Tier 3 coun8 try under section 110(b)(1)(C) the Trafficking 

9 Victims Protection Act of 2000 (22 U.S.C. 

10 7101(b)(1)(C)); 

11 (D) the government of which is identified 

12 on the list published by the Secretary pursuant 

13 to section 404(b) of the Child Soldiers Preven14 tion Act of 2008 (22 U.S.C. 2370c–1(b)) as a 

15 government that recruits and uses child sol16 diers; or 

17 (E) the government of which the United 

18 States determines to have committed genocide, 

19 crimes against humanity, war crimes, or ethnic 

20 cleansing. 


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1 SEC. 503. UNITED NATIONS POLICY AND INTERNATIONAL 

2 ENGAGEMENT ON THE REINCARNATION OF 

3 THE DALAI LAMA AND RELIGIOUS FREEDOM 

4 OF TIBETAN BUDDHISTS. 

5 (a) REAFFIRMATION OF POLICY.—It is the policy of 

6 the United States, as provided under section 342(b) of di7 vision FF of the Consolidated Appropriations Act, 2021 

8 (Public Law 116–260), that any ‘‘interference by the Gov9 ernment of the People’s Republic of China or any other 

10 government in the process of recognizing a successor or 

11 reincarnation of the 14th Dalai Lama and any future 

12 Dalai Lamas would represent a clear abuse of the right 

13 to religious freedom of Tibetan Buddhists and the Tibetan 

14 people’’. 

15 (b) INTERNATIONAL EFFORTS TO PROTECT RELI16 GIOUS FREEDOM OF TIBETAN BUDDHISTS.—The Sec17 retary should engage with United States allies and part18 ners to— 

19 (1) support Tibetan Buddhist religious leaders’ 

20 sole religious authority to identify and install the 

21 15th Dalai Lama; 

22 (2) oppose claims by the Government of the 

23 People’s Republic of China that the PRC has the 

24 authority to decide for Tibetan Buddhists the 15th 

25 Dalai Lama; and 


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1 (3) reject interference by the Government of the 

2 People’s Republic of China in the religious freedom 

3 of Tibetan Buddhists. 

4 TITLE VI—ADVANCING OVER5 SIGHT OF INTERNATIONAL 

6 LIFE SCIENCES RESEARCH 

7 SEC. 601. SHORT TITLE. 

8 This title may be cited as the ‘‘Biological Weapons 

9 Act of 2024’’. 

10 SEC. 602. DEFINITIONS. 

11 In this title: 

12 (1) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional com14 mittees’’ means— 

15 (A) the Committee on Foreign Relations of 

16 the Senate; 

17 (B) the Committee on Armed Services of 

18 the Senate; 

19 (C) the Select Committee on Intelligence of 

20 the Senate; 

21 (D) the Committee on Foreign Affairs of 

22 the House of Representatives; 

23 (E) the Committee on Armed Services of 

24 the House of Representatives; and 


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1 (F) the Permanent Select Committee on 

2 Intelligence of the House of Representatives. 

3 (2) BIOLOGICAL WEAPONS CONVENTION.—The 

4 term ‘‘Biological Weapons Convention’’ means the 

5 Convention on the Prohibition of the Development, 

6 Production and Stockpiling of Bacteriological and 

7 Toxin Weapons and on their Destruction, done at 

8 Washington, London, and Moscow, April 10, 1972. 

9 (3) DUAL USE RESEARCH OF CONCERN.—The 

10 term ‘‘dual-use research of concern’’ is life sciences 

11 research that— 

12 (A) involves an international partner; and 

13 (B) based on current understanding, can 

14 be reasonably anticipated to provide knowledge, 

15 information, products, or technologies that 

16 could be directly misapplied to pose a signifi17 cant threat with broad potential consequences 

18 to public health and safety, agricultural crops 

19 and other plants, animals, the environment, ma20 teriel, or national security. 

21 (4) OTHER INTERNATIONAL LIFE SCIENCES RE22 SEARCH OF CONCERN.—The term ‘‘other inter23 national life sciences research of concern’’ means re24 search that— 


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1 (A) is conducted by or with an inter2 national partner; 

3 (B) involves, or is anticipated to involve— 

4 (i) enhancing a potential pandemic 

5 pathogen; 

6 (ii) the characterization of pathogens 

7 with pandemic potential; or 

8 (iii) modifying a pathogen in such a 

9 way that it could acquire pandemic poten10 tial; or 

11 (C) involves enhancing the pathogenicity, 

12 contagiousness, or transmissibility of viruses or 

13 bacteria in ways or for purposes that can be 

14 reasonably anticipated to pose a threat to public 

15 health and safety or national security. 

16 SEC. 603. STATEMENT OF POLICY. 

17 It is the policy of the United States— 

18 (1) to conduct rigorous scrutiny of and regu19 larly review international biological, bacteriological, 

20 virological, and other relevant research collaboration 

21 that could be weaponized or reasonably considered 

22 dual-use research of concern, and incorporate na23 tional security and nonproliferation considerations 

24 and country-specific conditions into decisions regard25 ing such collaborations; 


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1 (2) to ensure that, in the search for solutions 

2 to pressing global health challenges, United States 

3 Government support for public health research and 

4 other actions does not advance the capabilities of 

5 foreign adversaries in the area of dual-use research 

6 of concern or inadvertently contribute to the pro7 liferation of biological weapons technologies; and 

8 (3) to declassify, to the maximum extent pos9 sible, all intelligence relevant to the PRC’s compli10 ance or lack of compliance with its obligations under 

11 the Biological Weapons Convention, and other na12 tional security concerns regarding PRC biological, 

13 bacteriological, virological, and other relevant re14 search that could be weaponized or reasonably con15 sidered dual-use research of concern that may be 

16 outside the scope of the Biological Weapons Conven17 tion. 

18 SEC. 604. AMENDMENTS TO THE SECRETARY OF STATE’S 

19 AUTHORITY UNDER THE ARMS CONTROL AND 

20 DISARMAMENT ACT. 

21 (a) RESEARCH, DEVELOPMENT, AND OTHER STUD22 IES.—Section 301(a) of the Arms Control and Disar23 mament Act (22 U.S.C. 2571(a)) is amended by inserting 

24 ‘‘biological, virological,’’ after ‘‘bacteriological’’. 

25 (b) OVERSIGHT OF DUAL-USE RESEARCH.— 


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1 (1) IN GENERAL.—Title III of the Arms Con2 trol and Disarmament Act (22 U.S.C. 2571 et seq.) 

3 is amended by adding at the end the following: 

4 ‘‘SEC. 309. AUTHORITIES WITH RESPECT TO DUAL-USE RE5 SEARCH OF CONCERN AND OTHER INTER6 NATIONAL LIFE SCIENCES RESEARCH OF 

7 CONCERN. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) APPROPRIATE COMMITTEES OF CON10 GRESS.—The term ‘appropriate committees of Con11 gress’ means— 

12 ‘‘(A) the Committee on Foreign Relations 

13 of the Senate; 

14 ‘‘(B) the Committee on Health, Education, 

15 Labor, and Pensions of the Senate; 

16 ‘‘(C) the Committee on Foreign Affairs of 

17 the House of Representatives; and 

18 ‘‘(D) the Committee on Energy and Com19 merce of the House of Representatives. 

20 ‘‘(2) DUAL-USE RESEARCH OF CONCERN.—The 

21 term ‘ dual-use research of concern’ has the meaning 

22 given such term in section 602 of the Biological 

23 Weapons Act of 2024. 

24 ‘‘(3) OTHER INTERNATIONAL LIFE SCIENCES

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1 national life sciences research of concern’ has the 

2 same meaning as defined by section 602 of the Bio3 logical Weapons Act of 2024. 

4 ‘‘(b) OVERSIGHT OF DUAL USE RESEARCH OF CON5 CERN AND OTHER INTERNATIONAL LIFE SCIENCES RE6 SEARCH OF CONCERN.—The Secretary, with respect to 

7 oversight of dual-use research of concern and other inter8 national life sciences research of concern, shall— 

9 ‘‘(1) ensure robust and consistent Department 

10 of State participation in interagency processes and 

11 review mechanisms; 

12 ‘‘(2) require the Administrator of the United 

13 States Agency for International Development to re14 port to, and consult with, the Department of State 

15 regarding any proposed programs, projects, initia16 tives, or funding for dual-use research of concern or 

17 other international life sciences research of concern; 

18 ‘‘(3) evaluate whether proposed international 

19 scientific and technological cooperation activities in 

20 which the United States Government participates 

21 that involves dual-use research of concern or other 

22 international life sciences research of concern, in23 cluding research related to biological agents, toxins, 

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1 tional Security Strategy and related strategic docu2 ments; 

3 ‘‘(4) direct the Department of State— 

4 ‘‘(A) to implement prohibitions and en5 hanced restrictions on high-risk life sciences re6 search with United States adversaries, espe7 cially the People’s Republic of China, the Rus8 sian Federation, the Islamic Republic of Iran, 

9 and the Democratic People’s Republic of Korea; 

10 and 

11 ‘‘(B) to adhere to such prohibitions and 

12 enhanced restrictions when participating in 

13 interagency processes and review mechanisms 

14 related to dual-use research of concern and 

15 other international life sciences research of con16 cern; 

17 ‘‘(5) create, in consultation with other Federal 

18 departments and agencies, policies and processes for 

19 post-award oversight of grants and funding for dual20 use research of concern and other international life 

21 sciences research of concern that— 

22 ‘‘(A) are aligned with existing laws and 

23 regulations; 

24 ‘‘(B) provide grants or funding from other 

25 Federal departments and agencies; and 


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1 ‘‘(C) keep the Department of State ap2 prised of any national security or foreign policy 

3 concerns that may arise with respect to a 

4 project funded by another Federal department 

5 or agency; 

6 ‘‘(6) conduct periodic reviews of the adequacy 

7 of consultative mechanisms with other Federal de8 partments and agencies with respect to oversight of 

9 dual-use research of concern and other international 

10 life sciences research of concern, especially consult11 ative mechanisms mandated in United States law, 

12 and identify recommendations for improving such 

13 consultative mechanisms; 

14 ‘‘(7) direct Chiefs of Mission to ensure— 

15 ‘‘(A) country team assessments are sub16 mitted to the Department of State and the head 

17 of the Federal department or agency proposing 

18 to sponsor programs and collaborations to scru19 tinize whether such programs or collaborations 

20 involve dual-use research of concern or other 

21 life international life sciences research of con22 cern; and 

23 ‘‘(B) such assessments are integrated into 

24 relevant interagency processes; and 


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1 ‘‘(8) direct Chiefs of Mission to increase em2 bassy reporting in other countries on dual-use re3 search of concern, other international life sciences 

4 research of concern, biosecurity hazards trends in 

5 the development of synthetic biology and bio6 technology, and other related matters. 

7 ‘‘(c) REPORTS TO CONGRESS.—Not later than 1 year 

8 after the date of the enactment of this Act, and biennially 

9 thereafter for the following 5 years, the Secretary shall 

10 submit a report to the appropriate congressional commit11 tees that describes the implementation of subsection (b). 

12 ‘‘(d) ANNUAL REPORT ON APPROVALS OF COLLABO13 RATION.—Not later than 1 year after the date of the en14 actment of this Act, and annually thereafter for the fol15 lowing 5 years, the Secretary should shall submit to the 

16 appropriate committees of Congress a report describing 

17 any research or other collaboration, including transfer 

18 agreements, memoranda of understanding, joint research 

19 projects, training, and conferences that involve significant 

20 knowledge transfer, that meets the definitions outlined in 

21 subsection (c) that was approved or not objected to by the 

22 Secretary of State and the justification for such approval 

23 or lack of an objection.’’. 


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1 SEC. 605. REPORT ON THREATS RELATED TO SPECIFIC 

2 DUAL USE RESEARCH OF CONCERN AND 

3 OTHER INTERNATIONAL LIFE SCIENCES RE4 SEARCH OF CONCERN. 

5 Not later than 1 year after the date of enactment 

6 of this Act and annually thereafter, the Secretary shall 

7 submit to the Foreign Relations Committee of the Senate 

8 and the Foreign Affairs Committee of the House of Rep9 resentatives an assessment of the key national security 

10 risks of dual-use research of concern or other international 

11 life sciences research of concern, including— 

12 (1) major issues the Department of State is 

13 prioritizing with respect to the misuse or 

14 weaponization of, or that be reasonably anticipated 

15 to be misused or weaponized, biological, bacterio16 logical, and virological research, or the misuse or 

17 weaponization of, or that be reasonably anticipated 

18 to be misused or weaponized, any other category of 

19 dual-use research of concern or other international 

20 life sciences research of concern by state and non21 state actors; 

22 (2) the Department of State’s efforts to develop 

23 and promote measures to prevent such misuse, 

24 weaponization, or proliferation of dual-use research 

25 of concern or other international life sciences re26 search of concern; 


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1 (3) an assessment of targeted national level and 

2 government directed policies, research initiatives, or 

3 other relevant efforts focused on dual-use research 

4 of concern or other international life sciences re5 search of concern, including— 

6 (A) the People’s Republic of China; 

7 (B) the Russian Federation; 

8 (C) the Islamic Republic of Iran; 

9 (D) the Democratic People’s Republic of 

10 Korea; 

11 (E) any other nation identified in the re12 port required under section 403 of the Arms 

13 Control and Disarmament Act (22 U.S.C. 

14 2593a); and 

15 (F) any terrorist group or malign non16 state actor; 

17 (4) an assessment of the national security con18 cerns posed by any of the activities described in 

19 paragraph (1) or (3); 

20 (5) a description of collaboration between osten21 sibly civilian entities, including research laboratories, 

22 and military entities, involving the activities identi23 fied in paragraph (3); 

24 (6) a description of the confidence-building 

25 measures or other attempts by the countries referred 


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1 to in paragraph (3) to justify, clarify, or explain the 

2 activities described in such paragraph; 

3 (7) the extent to which the Secretary assesses 

4 the Biological Weapons Convention and any other 

5 relevant international agreements account for or 

6 keep pace with the security threats of the activities 

7 identified in paragraph (3); 

8 (8) a description of the process used by the 

9 United States Government, including the role of the 

10 Department of State, to approve and review funding 

11 or other support, including subgrants in other coun12 tries for dual-use research of concern or other life 

13 sciences research of concern, including research re14 lated to biological agents, toxins, and pathogens that 

15 poses, or can reasonably be anticipated to pose, a 

16 risk of misuse, weaponization, or other threat to 

17 United States national security; 

18 (9) a list and description of United States Gov19 ernment interagency mechanisms and international 

20 groups or coordinating bodies on biosecurity and 

21 dual-use research of concern in which the Depart22 ment of State is a member or has a formal role; and 

23 (10) a description of any obstacles or challenges 

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1 cluding a description of gaps in authorities, intel2 ligence collection and analysis, organizational re3 sponsibilities, and resources. 

4 SEC. 606. REPORT ON UNITED STATES FUNDING RESEARCH 

5 WITH THE PRC. 

6 (a) IN GENERAL.—The President shall— 

7 (1) not later than 400 days after the date of 

8 the enactment of this Act, conduct a formal review 

9 regarding all United States Government-funded re10 search collaboration initiatives conducted with inter11 national partners during the 20-year period ending 

12 on such date of enactment with the PRC related to 

13 research areas that pose potential biological weapons 

14 proliferation risks or meet the criteria of dual-use 

15 research of concern or other international life 

16 sciences research of concern; and 

17 (2) not later than 15 days after completing the 

18 review pursuant to paragraph (1), submit a written, 

19 unclassified report, which may include a classified 

20 annex, to— 

21 (A) the Committee on Foreign Relations of 

22 the Senate; 

23 (B) the Committee on Health, Education, 

24 Labor, and Pensions of the Senate; 


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1 (C) the Committee on Armed Services of 

2 the Senate; 

3 (D) the Committee on Foreign Affairs of 

4 the House of Representatives; 

5 (E) the Committee on Energy and Com6 merce of the House of Representatives; and 

7 (F) the Committee on Armed Services of 

8 the House of Representatives. 

9 (b) ELEMENTS.—The report required under sub10 section (a)(2) shall— 

11 (1) provide a detailed description and example 

12 of projects of the initiatives identified pursuant to 

13 subsection (a), the current status of such programs, 

14 including— 

15 (A) dates of initiation and termination; 

16 and 

17 (B) the criteria for granting approval of 

18 funding; 

19 (2) outline the procedures used to approve or 

20 deny such grants or other funding, including the co21 ordination, if any, between agencies responsible for 

22 public health preparedness and biomedical research 

23 agencies, including the Department of Health and 

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1 cluding the Department of State, the Department of 

2 Defense, and the intelligence community; 

3 (3) identify gaps in United States Government 

4 safeguards regarding sufficient measures to prevent 

5 any such research intended for civilian purposes 

6 from being diverted for military research in the 

7 PRC; 

8 (4) include an assessment of how to best ad9 dress any such procedural gaps, especially regarding 

10 greater interagency input; 

11 (5) explain how the research conducted with the 

12 grants and funding requests referred to in para13 graph (1) may have contributed to the development 

14 of biological weapons, or the development of tech15 nology and advancements that meet the criteria of 

16 dual-use research of concern or other international 

17 life sciences research of concern in the PRC; 

18 (6) explain how the United States Govern19 ment’s understanding of the PRC’s ‘‘military-civil 

20 fusion’’ national strategy— 

21 (A) informed and affected such funding de22 cisions; and 

23 (B) will inform future funding decisions in 

24 research related to gain-of-function, synthetic 

25 biology, biotechnology, or other research areas 


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1 that pose biological weapons proliferation or 

2 dual-use concerns; 

3 (7) explain whether any United States Govern4 ment funding was used to support gain-of-function 

5 research in the PRC during the United States mora6 torium on such research between 2014 and 2017; 

7 (8) identify the steps taken the by United 

8 States Government, if any, to apply additional scru9 tiny to United States Government funding, including 

10 subgrants, to support gain-of-function research in 

11 the PRC after the United States Government lifted 

12 the moratorium on gain-of-function research in 

13 2017; and 

14 (9) include any other relevant matter discovered 

15 during the course of such review. 

16 SEC. 607. BIOLOGICAL AND TOXIN WEAPONS REVIEW CON17 FERENCE. 

18 (a) STATEMENT OF POLICY.—In order to promote 

19 international peace and security, it is the policy of the 

20 United States to promote compliance with the Biological 

21 Weapons Convention in accordance with subsections (b) 

22 through (d). 

23 (b) ACTIVITIES TO ADVANCE UNITED STATES IN24 TERESTS AT MEETINGS OF THE BIOLOGICAL WEAPONS


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1 CONVENTION.—Before each Review Conference of the Bi2 ological Weapons Convention, the Secretary shall— 

3 (1) demand greater transparency from the Gov4 ernment of the PRC’s activities on dual-use research 

5 of concern and the applications of such research that 

6 raise concerns regarding its compliance with Article 

7 I of the Biological Weapons Convention; 

8 (2) engage with other governments, the private 

9 sector (including in relevant science and technology 

10 fields), and other stakeholders, as appropriate, re11 garding— 

12 (A) United States concerns about the 

13 PRC’s compliance with the Biological Weapons 

14 Convention; and 

15 (B) the national security, public health, 

16 and non-proliferation implications of such con17 cerns; 

18 (3) emphasize that the PRC’s national strategy 

19 of military-civil fusion undermines the underlying 

20 utility and effectiveness of the Biological Weapons 

21 Convention, which may not adequately capture the 

22 full range of technologies with dual-use implications 

23 being pursued by the PRC. 

24 (c) DECLASSIFICATION OF INTELLIGENCE.—The 

25 President should, as appropriate, declassify intelligence 


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1 relevant to the PRC’s obligations under the Biological 

2 Weapons Convention and concerns about its compliance 

3 the such Convention. 

4 (d) SECURITY COUNCIL COMPLAINT.—If the ques5 tions and concerns raised pursuant to subsection (b) are 

6 not adequately addressed and the Secretary determines 

7 that another state party is in breach of an obligation 

8 under the Biological Weapons Convention, the President 

9 should consider lodging a complaint to the Security Coun10 cil pursuant to Article VI of the Convention. 

11 SEC. 608. ANNUAL REPORT BY THE UNITED STATES AGEN12 CY FOR INTERNATIONAL DEVELOPMENT. 

13 (a) IN GENERAL.—Not later than 180 days after the 

14 date of the enactment of this Act, and annually thereafter 

15 for the following 5 years, the Administrator of the United 

16 States International Development shall submit a report to 

17 the appropriate congressional committees describing all 

18 funding, including subgrants, for research involving or re19 lated to the study of pathogens, viruses, and toxins pro20 vided to entities subject to the jurisdiction of countries 

21 listed in subsection (b), which shall include a national se22 curity justification by the Secretary for such funding. 

23 (b) LIST OF COUNTRIES SPECIFIED.—The countries 

24 list in this subsection are— 

25 (1) the People’s Republic of China; 


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1 (2) the Russian Federation; 

2 (3) the Islamic Republic of Iran; 

3 (4) the Democratic People’s Republic of Korea; 

4 and 

5 (5) any other country specified in the report as6 sessing compliance with the Biological Weapons 

7 Convention, as required under section 403(a) of the 

8 Arms Control and Disarmament Act (22 U.S.C. 

9 2593a(a)) during the relevant calendar year. 

10 (c) FORM.—The report required under subsection (a) 

11 shall be submitted in unclassified form, but may include 

12 a classified annex. 

13 SEC. 609. UNITED NATIONS AGENCIES, PROGRAMS, AND 

14 FUNDS. 

15 (a) REQUIREMENT.—The Permanent Representative 

16 of the United States to the United Nations shall use the 

17 voice, vote, and influence of the United States at the 

18 United Nations to block representatives from any country 

19 specified in the report required under section 403(a) of 

20 the Arms Control and Disarmament Act (22 U.S.C. 

21 2593a(a)) from serving in leadership positions within any 

22 United Nations organ, fund, program, or related special23 ized agency with responsibility for global health security 

24 (including animal health), biosecurity, atomic, biological or 


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1 chemical weapons, or food security and agricultural devel2 opment. 

3 (b) LIST OF COUNTRIES SPECIFIED.—The countries 

4 to be covered by the report required under subsection (a), 

5 are— 

6 (1) the People’s Republic of China; 

7 (2) the Russian Federation; 

8 (3) the Islamic Republic of Iran; 

9 (4) the Democratic People’s Republic of Korea; 

10 (5) the Assad Regime of Syria; and 

11 (6) any other country specified in the report re12 quired under section 403(a) of the Arms Control 

13 and Disarmament Act (22 U.S.C. 2593a(a)) during 

14 the relevant calendar year. 

15 (c) SUNSET.—This section shall cease to have any 

16 force or effect beginning on the date that is 5 years after 

17 the date of the enactment of this Act. 

18 SEC. 610. RULE OF CONSTRUCTION. 

19 Nothing in this Act may be construed as authorizing 

20 or endorsing United States Government funding for dual21 use research of concern and other international life 

22 sciences research of concern with international partners 

23 that present risks to the national security and public 

24 health of the United States. 

Æ 


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